Bonum Certa Men Certa

Lesson From the United States: Overly Permissive Patent Policy (Maximalism) Can Drive Technology Companies Away

Rodney Gilstrap wanted to attract plaintiffs to his town; instead he drove actual companies away

Rodney Gilstrap



Summary: Technological 'wastelands', or places where science and technology firms choose not to have business (shops/operations/staff/services/hosting), are the main legacy of a lawyers-centric patent policy; EPO must pay careful attention or drive away innovation

On the heels of our previous post about software patents promotion under António Campinos at European Patent Office (EPO) let's look very briefly at what happens in the U.S. Patent and Trademark Office (USPTO).

"Making a country/state/superstate (like EU) friendly to patent trolls and abstract patents simply means that real businesses will go away (or choose not to come); they might be replaced by parasites such as trolls and the arrival of parasitic lawyers who represent the trolls. "The CCIA's Josh Landau has just written this post about Apple's Texas exodus; we wrote about it twice recently (the past few days), on both occasions highlighting the danger this poses to Europe. It is a cautionary tale. Making a country/state/superstate (like EU) friendly to patent trolls and abstract patents simply means that real businesses will go away (or choose not to come); they might be replaced by parasites such as trolls and the arrival of parasitic lawyers who represent the trolls.

In Landau's own words:

Last week, it was widely reported that Apple plans to close its retail stores in the Eastern District of Texas in order to avoid facing patent lawsuits in the district. Given that a single patent lawsuit can easily cost just as much as opening an Apple store (estimated at $8-10 million per store), even if Apple wins the lawsuit, it probably wasn’t a difficult financial decision for Apple: move the stores out of the district and avoid being subject to litigation in a notoriously patent-owner friendly jurisdiction.

But it’s one thing for Apple to close a couple stores in Dallas suburbs. Apple has the financial resources to absorb that cost and the national presence to be able to forgo a store in the Eastern District.

What about a local store located in the Eastern District? (As I covered last week, small business are already frequently targeted by non-practicing entities.) Or a tech startup in Austin, located in the Western District of Texas—a venue already being touted as the next Eastern District?


Yet another reason for Apple to abandon East Texas (as it does), as per this report from earlier this week (with emphasis added):

According to the firms, they were discussing licensing the patents to Apple with the company as recently as January 2017. However, no agreement was formally reached. Optis does not appear to have developed the technology itself. Instead, it purchased many of the patents from companies including Ericsson, Samsung, and LG.

The patent lawsuit was filed against Apple in East Texas. The claimants are requesting a jury trial. A previous case involving the same court and many of the same LTE patents fined Huawei $10.6 million in damages.


East Texas as usual. And this latest "Dallas Invents" post is a symptom of the problem; they mistake patents for inventions. It's a litigation pipeline and a deterrence.

"They just know that software patents have no legitimacy, so they wrap these up in different paper ("AI")."Europe ought to get wise and reject this American/Texan policy, seeing it has led to nothing but trouble. After TC Heartland ( SCOTUS) and 35 U.S.C. ۤ 101/Alice a lot of this newly-formed 'litigation' industry is also collapsing, leaving the country and the state with little of anything. 2018 was a really hard time for patent zealots (unlike minimalists) as a lot of patents got invalidated and lawsuits went nowhere. Litigation rates have collapsed. Janal Kalis, a patent maximalist, is still (this week) obsessing over patent applications (not even patents!) because rarely does the Federal Circuit overrule/overturn the Patent Trial and Appeal Board (PTAB). Watchtroll is meanwhile promoting software patents under the cynical guise of "AI" in "Japan Patent Office Case Examples on Artificial Intelligence Offer Guidance for Other Offices on Treating AI Inventions" (link omitted by intention). They just know that software patents have no legitimacy, so they wrap these up in different paper ("AI").

Recent Techrights' Posts

A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
 
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market
[Video] Canonical Isn't (No Longer) Serious About Making GNU/Linux Succeed in Desktops/Laptops
Some of the notorious (or "controversial") policies of Canonical have been covered here for years
[Video] What We've Learned About Debian From Emeritus Debian Developer Daniel Pocock
pressure had been put on us (by Debian people and their employer/s) and as a result we did not republish Debian material for a number of years
Bruce Perens & Debian public domain trademark promise
Reprinted with permission from disguised.work
Links 28/04/2024: Shareholders Worry "AI" Hype Brings No Income, Money Down the Drain
Links for the day
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024
Links 27/04/2024: Spying Under Fire, Intel in Trouble Again
Links for the day
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work