EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

01.10.10

Estimation: 30% of IT Patent Lawsuits Come from Patent Trolls, Microsoft Continues to Evade Patent Law (i4i)

Posted in Courtroom, Europe, Google, IBM, Microsoft, Patents at 10:44 am by Dr. Roy Schestowitz

“Software patents have been nothing but trouble for innovation. We the software engineers know this, yet we actually have full-blown posters in our break-room showcasing the individual engineers who came up with something we were able to push through the USPTO. Individually, we pretty much all consider the software-patent showcase poster to be a colossal joke.” —Kelledin, PLI: State Street Overruled… PERIOD

Summary: Patent trolling and the scale of impact shown; Microsoft won’t let go in the i4i case; a call for Europeans to fight against software patents by signing a petition

“New online site has found that 30 percent of all IT suits are initiated by patent trolls,” says President of the FFII, who points to this article from David Worthington (the man who had met Microsoft before spinning for them [1, 2].

David Worthington over at Technologizer wrote today, he got a sneak peak at the new system, and the results are telling. In the post, Lemley tells Worthington that his research using the new online site has found that 30 percent of all IT suits are initiated by patent trolls.

We mentioned Technologizer after Microsoft had bribed its owner with an expensive Vista 7 laptop whose return Microsoft did not require (some recipients confirmed that they kept the laptops). Anyway, evidence from Technologizer suggests that patent trolls are a real burden to the system. It proves that innovation is being hindered by it rather than promoted.

i4i Versus Microsoft

i4i is not a patent troll and its case against Microsoft we wrote about in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12]. Microsoft very deliberately infringed i4i’s patents and due to the company’s vanity we find that patents do not apply to Microsoft

Reuters indicates that Microsoft just won’t let i4i win this case, much as Updegrove predicted.

Microsoft Corp (MSFT.O) on Friday asked for a full panel of judges to review an appeals court decision upholding a $290 million jury verdict against it for infringing a patent held by a small Canadian company.

The world’s largest software company wants all 11 judges of the United States Court of Appeals for the Federal Circuit, which handles many patent and trademark cases, to review the long-running case against Toronto-based i4i Ltd, in the hope of overturning the original judgment.

This was covered by the Canadian press, CNN, and BusinessWeek. This was also mentioned by the Microsoft booster Gavin Clarke and IDG’s Microsoft “watchers”.

Europe at Stake

The threat of software patents in Europe is increasing. Glyn Moody has just explained why that is and he links to this petition to stop software patents in Europe — a petition which our European readers are encouraged to sign (it takes just one minute, literally).

Particularly valuable is the page with links to dozens of studies demonstrating just how deletorious software patents have been, are and would be.

Parenthetically, UK’s showing compared to other nations is rather dismal at the moment, so you might want to fly the flag by adding your name. It’s a painless process that will take about 30 seconds of your time – a small price to pay for preventing the introduction of the kind of software patent insanity that is observed in the US.

Many people are aware of Microsoft’s lobby for software patents in Europe as well as other continents (ourselves and others — like FFII — are working to expose this). The TomTom incident and the recent attempt of OIN to foil sales of Microsoft patents to patent trolls [1, 2, 3, 4, 5, 6] are just part of a broader picture and we are hoping that others become aware that to Microsoft, GNU/Linux is no “spectator sport”. Last week evidence surfaced which shows that EDGI still exists [1, 2]. EDGI was exposed by a chain of internal E-mails which show how Microsoft reacts very selectively to prevent migrations to GNU/Linux in a lot of nations (the EU Commission considered this to be anti-competitive but didn’t do much to prevent it). Other leaked E-mails show that Microsoft summoned a "taskforce" to take GNU/Linux PCs off the shelves of Wal-Mart in 2006. There are over 9,000 other Comes vs Microsoft exhibits that could be mentioned.

We are letting readers know this because we are sometimes seeing people dismissed as “paranoid” if they suggest that Microsoft has something to do with slow adoption of GNU/Linux on the desktop (it’s not as slow as Microsoft tells). Setting information free is important for the goal of spreading the software, at least through education of people, vendors, and other decision-makers.

Microsoft is not the only nuisance when it comes to software patents. IBM is another and Google, which does not protest against the ACTA as it should, continues amassing software patents. Here is the latest example:

theodp writes “CNET reports that Google is ‘musing’ about placing ads in Street View. The search giant reportedly floated the idea in a presentation to marketing and ad agency types in Europe a few months back. So will virtual billboards be popping up in Google Street View? A Google rep said the company had no current plans to put ads in Street View, but you might want to take that with a grain of salt. On Thursday, the USPTO revealed that Google is seeking patent protection for Claiming Real Estate in Panoramic or 3D Mapping Environments for Advertising. From the patent application: ‘The street view display server can locate an ad image within the image database and overlay the region of interest with the associated ad image.’ Connect the dots, and it sure sounds like a plan, doesn’t it? Selling the Brooklyn Bridge is a pretty good scam — selling a view of it is even better!”

Signing of petitions against software patents is a necessary action in order to end the issue at its core (policies), as opposed to just targeting companies which lobby for these policies.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

2 Comments

  1. NotZed said,

    January 10, 2010 at 5:53 pm

    Gravatar

    I thought it was basic economic theory that monopolies were bad. Even short term ones, it’s like you can’t be a little bit pregnant.

    Although this site focuses on software, this really means all patents retard innovation, intentionally. The burden to society is the cost to ‘pay back’ the inventor. But with so many patents being granted for trivial things, the corruption of the law, and with the accelerating pace of technological development, that cost far outweighs the benefits.

    I’m sure you’ve seen the case study of the steam engine patent. http://www.thefreemanonline.org/featured/do-patents-encourage-or-hinder-innovation-the-case-of-the-steam-engine/#

    If it is just a political fight, then i’m afraid society will lose. Just look at the very recent history of the banks. Those with the deepest pockets always win in the end, simply because money talks and politicians can be bribed.

    Roy Schestowitz Reply:

    We still have “petitions” to talk with, not bribes. :-)

What Else is New


  1. It Certainly Looks Like Microsoft is Already Siccing Its Patent Trolls, Including Intellectual Ventures, on Companies That Use Linux (Until They Pay 'Protection' Money)

    News about Intellectual Ventures and Finjan Holdings (Microsoft-funded patent trolls) reinforces our allegations -- not mere suspicions anymore -- that Microsoft would 'punish' companies that are not paying subscription fees (hosting) or royalties (patent tax) to Microsoft and are thus in some sense 'indebted' to Microsoft



  2. Links 24/3/2017: Microsoft Aggression, Eudyptula Challenge Status Report

    Links for the day



  3. Bernhard Rapkay, Former MEP and Rapporteur on Unitary Patent, Shoots Down UPC Hopes While UPC Hopefuls Recognise That Spain Isn't Interested Either

    Germany, the UK and Spain remain massive barriers to the UPC -- all this in spite of misleading reports and fake news which attempted to make politicians believe otherwise (for political leverage, by means of dirty lobbying contingent upon misinformation)



  4. Links 23/3/2017: Qt 5.9 Beta, Gluster Storage 3.2

    Links for the day



  5. The Administrative Council of the European Patent Organisation Has Just Buried an Innocent Judge That Battistelli Does Not Like

    An innocent judge (never proven guilty of anything, only publicly defamed with help from Team Battistelli and dubious 'intelligence' gathering) is one of the forgotten casualties of the latest meeting of the Administrative Council (AC), which has become growingly complicit rather than a mere bystander at a 'crime' scene



  6. Nepotism at the European Patent Office and Suspicious Absence of Tenders for Big Projects

    Carte blanche is a French term which now perfectly describes the symptoms encountered in the European Patent Office, more so once led by a lot of French people (Battistelli and his friends)



  7. “Terror” Patent Office Bemoans Terror, Spreads Lies

    Response to some of the latest utterances from the European Patent Office, where patently untruthful claims have rapidly become the norm



  8. China Seems to be Using Patents to Push Foreign Companies Out of China, in the Same Way It Infamously Uses Censorship

    Chinese patent policies are harming competition from abroad, e.g. Japan and the US, and US patent policy is being shaped by its higher courts, albeit not yet effectively combating the element that's destroying productive companies (besieged by patent trolls)



  9. 22,000 Blog Posts

    A special number is reached again, marking another milestone for the site



  10. The EPO is Lying to Its Own Staff About ILO and Endless (Over 2 Years) EPO Mistrials

    The creative writing skills of some spinners who work for Battistelli would have staff believe that all is fine and dandy at the EPO and ILO is dealing effectively with staff complaints about the EPO (even if several years too late)



  11. EPO’s Georg Weber Continues Horrifying Trend of EPO Promoting Software Patents in Defiance of Directive, EPC, and Common Sense

    The EPO's promotion of software patents, even out in the open, is an insult to the notion that the EPO is adhering to or is bound by the rules upon which it maintains its conditional monopoly



  12. Protectionism v Sharing: How the US Supreme Court Decides Patent Cases

    As the US Supreme Court (SCOTUS) starts delivering some decisions we take stock of what's to come regarding patents



  13. Links 22/3/2017: GNOME 3.24, Wine-Staging 2.4 Released

    Links for the day



  14. The Battistelli Regime, With Its Endless Scandals, Threatens to Crash the Unitary Patent (UPC), Stakeholders Concerned

    The disdain and the growing impatience have become a huge liability not just to Battistelli but to the European Patent Office (EPO) as a whole



  15. The Photos the EPO Absolutely Doesn't Want the Public to See: Battistelli is Building a Palace Using Stakeholders' Money

    The Office is scrambling to hide evidence of its out-of-control spendings, which will leave the EPO out of money when the backlog is eliminated by many erroneous grants (or rejections)



  16. In the US Patent System, Evolved Tricks for Bypassing Invalidations of Software Patents and Getting Them Granted by the USPTO

    A roundup of news about patents in the US and how the patent microcosm attempts to patent software in spite of Alice (high-impact SCOTUS decision from 2014)



  17. “Then They Came For Me—And There Was No One Left To Speak For Me.”

    The decreasing number of people who cover EPO scandals (partly due to fear, or Battistelli's notorious "reign of terror") and a cause for hope, as well as a call for help



  18. As Expected, the Patent Microcosm is Already Interfering, Lobbying and Influencing Supreme Court Justices

    The US Supreme Court (SCOTUS) is preparing to deliver some important decisions on cases with broad ramifications, e.g. for patent scope, and those who make money from patent feuds are attempting to alter the outcome (which would likely restrict patent scope even further, based on these Justices' track record)



  19. Intellectual Ventures -- Like Microsoft (Which It Came From) -- Spreads Patents to Manifest a Lot of Lawsuits

    That worrisome strategy which is passage of patents to active (legally-aggressive) trolls seems to be a commonality, seen across both Microsoft and its biggest ally among trolls, which Microsoft and Bill Gates helped create and still fund



  20. What the Patent Microcosm is Saying About the EPO and the UPC

    Response to 3 law firms and today's output from them, which serves to inform or misinform the European public at times of Big Lies and fog of (patent) war, revealing the true nature of 21st century asymmetric patent warfare and lobbying



  21. Tough Day for the EPO's Media/Press/PR Team, Trying 'Damage Control' After Important Techrights Publications

    In an effort to save face and regain a sense of legitimacy the EPO publishes various things belatedly, and only after Techrights made these things publicly known and widely discussed



  22. Links 21/3/2017: PyPy Releases, Radeon RX Vega, Eileen Evans at Linux Foundation

    Links for the day



  23. In IAM, Asian Courts That Deliver Justice Are “Unfriendly” and Asian Patent Trolls Are Desirable

    Rebuttal or response to the latest pieces from IAM, which keeps promoting a culture of litigation rather than sharing, collaboration, negotiation, and open innovation



  24. At EPO “I Have the Feeling That Lowering Quality is Part of a Concerted Plan.”

    Growing concern about patent quality at the EPO -- a subject which causes managers to get rather nervous -- is now an issue at the forefront



  25. EPO Reduces the World to Just Seven Nations to Bolster an Illusion of Growing 'Demand' for European Patents

    The unscientific -- if not antiscientific -- attitude of the European Patent Office (EPO) continues to show with the arrival of yet more misleading 'infographics' (disinfographics would be a more suitable term)



  26. Letter to Angela Merkel Expresses Concerns About Impact of EPO Scandals on Germany and Its Image

    Dr. Angela Merkel, arguably the most powerful woman in the world, is being warned about the consequences of Germany ignoring (and hence facilitating) the abuses of Benoît Battistelli



  27. EPO Caricature: Low Patent Quality Not an Achievement

    A new cartoon about the legacy of Battistelli, which ruins both inventors and staff (examination) while handing money to abusers



  28. Are Lithuania and Latvia the Latest Additions to the List of Benoît Battistelli's Vassal States?

    Benoît Battistelli's 'back room' deals came at an interesting, strategic time and the Office uncharacteristically kept quiet about these



  29. Links 20/3/2017: Linux 4.11 RC3, OpenSSH 7.5 Released

    Links for the day



  30. Supposedly 'Pampered' Prisoners Are Still Prisoners of the EPO

    Response to those gross and familiar attempts to portray patent examiners, not politicians who trample all over them, as the cause of all the problems at the EPO


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts