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

08.18.11

Microsoft’s Proxy Fights (via Patent Trolls) Emerge in the Courtroom

Posted in Apple, GNU/Linux, Google, Microsoft, Patents at 6:01 am by Dr. Roy Schestowitz

Beer

Summary: Intellectual Ventures’ connections to Lodsys are being shown to the judge by DriveTime, which also uses the recent NPR article (about Intellectual Ventures) as evidence

The Oracle vs. Google case that Groklaw keeps track of may as well be motivated by part of the cartel Google spoke about. We have already written very extensively about the relationship between Apple and Oracle. But another fascinating battle comes from Microsoft’s alter ego, Intellectual Ventures (IV), which is the world’s largest patent troll.

According to this new article from Groklaw, Lodsys may be also an “alter ego” of Intellectual Ventures, as we mentioned before [1, 2, 3, 4]. To quote Groklaw‘s Professor Webbink:

Lodsys – DriveTime Says It Suspects Lodsys is an “alter ego” of Intellectual Ventures, Asks to Do Discovery

DriveTime Automotive Group has filed a motion, Motion For Leave To Conduct Jurisdictional Discovery And To Stay Response To Motion To Dismiss, in its Arizona declaratory judgment action against Lodsys. That is a mouthful for saying they believe Lodsys does, in fact, have jurisdictional ties to Arizona (where DriveTime is located) and that they should be allowed the opportunity to conduct limited discovery against Lodsys for the purpose of proving that point before the court simply grants Lodsys’ motion to dismiss for lack of jurisdiction

DriveTime is asking the Arizona federal district court to let it do discovery to flush out any Intellectual Ventures ties to Lodsys. DriveTimes says they “strongly suspect, as do others, that Lodsys is a spin-off and the alter ego of a company called Intellectual Ventures (“IV”), known as “patent troll public enemy #1.”

It quotes from the recent NPR article implying such a connection, and attaches it as an exhibit [PDF], and it describes how patent trolling works, saying that trolls often assert baseless claims, and it says that Lodsys’s claims against it are precisely that, baseless. So it would like to do discovery to flush out all the secret corners of the claim against it:

DriveTime seeks leave to conduct jurisdictional discovery because much of Lodsys’s licensing and enforcement efforts, and certainly its relationship with IV, are not a matter of public record. Specifically, DriveTime seeks permission to take written discovery and depositions on the following:

* (i) Lodsys’s licensing and enforcement activities in Arizona and/or with companies residing and/or doing substantial business in Arizona, including the nature of those licenses and whether they include any affirmative obligations on the part of Lodsys;
* (ii) Lodsys’s qualification as a patent troll that has attempted to manufacture jurisdiction in the Eastern District;
* (iii) the relationship between Lodsys and IV, and IV’s contacts with Arizona; and
* (iv) the baseless nature of Lodsys’s infringement claims in its cease and desist letters.

Such discovery will uncover facts to demonstrate this Court has jurisdiction over Lodsys.

If the judge agrees, it looks like we’ll finally get evidence one way or the other regarding the Intellectual Ventures’ connection.

There are all sorts of patent trolls at play and they are being used by real companies (with products) to launch legal attacks on the competition. This way they can pretend not to use their patents offensively and they cannot be sued back, either. One of the trolls which gets used by Apple and Microsoft is MPEG-LA, which is generally busy attacking Google, with support from Microsoft boosters. By E-mail correspondence we are starting to piece together an accurate picture of which company uses which troll/s. We’ll publish the details about this some time this year (some mail is explicitly confidential and some is out of date or inaccurate, so more research or organisation is required).

Yesterday Eben Moglen was quotes as saying that the “big challenge is software patents.

“Companies are acquiring munitions to destroy Linux. We’ve been preparing for this 2 decades…”

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

What Else is New


  1. Bristows LLP/IP Kat Carrying on With Dead UPC Jingoism

    The same old tune from Bristows not only gets played in Bristows' 'alternate reality' blog but also in other blogs where Bristows staff is 'contributing' (to confusion and misconceptions)



  2. Links 16/12/2017: Mesa 17.2.7, Wine 3.0 RC2, Kdenlive 17.12.0, Mir 0.29

    Links for the day



  3. Patrick Corcoran is Innocent, Yet Battistelli Will/May Have the Power to Sack Him Next Month (in DG1)

    The EPO's Administrative Council does not want to even mention Patrick Corcoran, as merely bringing that up might lead to the suggestion that Benoît Battistelli should be fired (yes, they can fire him), but to set the record straight, at the EPO truth-tellers are punished and those whom they expose are shielded by the Administrative Council



  4. Patent Trolls Are Going Bust in the United States (Along With the 'Protection' Racket Conglomerates)

    RPX continues its gradual collapse and patent trolls fail to find leverage now that software patents are kaput and patent opportunists struggle to access Texan courts



  5. IBM's Manny Schecter is Wrong Again and He is Attempting to Justify Patent Trolling

    In yet another dodgy effort to undermine the US Supreme Court and bring back software patents, IBM's "chief patent counsel" (his current job title) expresses views that are bunk or "alternative facts"



  6. EPO Administrative Council Disallows Discussion About Violations of the Law by Benoît Battistelli

    The EPO crisis is not ending for the Administrative Council does not want to tackle any of the obvious problems; Patrick Corcoran is a taboo subject and Ernst is coming across as another protector of Benoît Battistelli, based on today's meeting (the second meeting he chairs)



  7. Links 13/12/2017: GIMP 2.9.8, Fedora 25 End Of Life, AltOS 1.8.3

    Links for the day



  8. Judge Corcoran Got His User ID/Desk Back (as ILO Asked), But Cannot Perform Actual Work

    The latest update regarding Patrick Corcoran, whose 3-year ordeal is far from over in spite of ILO's unambiguous rulings in his favour



  9. The End of Software Patents and PTAB's Role in Enforcing That End

    Software patents are fast becoming a dying breed and the appeal board (PTAB) of the USPTO accelerates this trend, irrespective of patent immunity attempts



  10. No, China Isn't Most Innovative, It's Just Granting a Lot of Low-Quality Patents

    Patent extremists are trying to make China look like a role model or a success story because China grants far too many patents, spurring an explosion in litigation



  11. Battistelli-Campinos Transition Will Be a Smooth One as the Administrative Council Remains the Same and the Boards Still Besieged

    A rather pessimistic (albeit likely realistic) expectation from tomorrow's meeting of the Administrative Council, which continues to show that no lessons were learned and no strategy will be altered to avoid doom (low-quality patents and stocks running out)



  12. Links 12/12/2017: New BlackArch ISO and Stable Kernels

    Links for the day



  13. German Media Helps Cover Up -- Not Cover -- the Latest EPO Scandal

    EPO-Handelsblatt attention diversion tricks may be effective as German media barely shows interest in one of the EPO's biggest scandals to date



  14. PTAB Haters Fail to Guard Bogus Patents, But They Still Try

    Three Affiliated Tribes probably won't enjoy sovereign immunity from PTAB, Dennis Crouch won't manage to slow down PTAB, and patent litigation will stagnate as bad patents perish before they even land in a lawsuit



  15. Team UPC's Tilmann Defends Rogue Vote at 1 AM in the Morning With Just 5% of Politicians (Those With Vested Interests) Attending

    Just when German democracy is being stolen by a legislative coup (in the dead of night when 95% of politicians are absent/asleep) there's someone 'courageous' enough to rear his ugly head and attempt to justify that coup



  16. The Mask Falls: Lobbyist David Kappos Now Composes Pieces for the Patent Trolls' Lobby (IAM)

    David Kappos, a former USPTO Director who is now lobbying for large corporations that derive revenue from patent extortion, is writing for IAM even if his views are significantly biased by his aggressive paymasters (just like IAM's)



  17. The EPO Protest Tomorrow Isn't Just About Judge Corcoran But About the EPO as a Whole

    PO staff is about to protest against the employer, pointing out that "Battistelli is still showing a total and utter lack of respect not only for his staff and their rights but also for the Administrative Council and for the Tribunal"



  18. Claim: Judge Corcoran to Be Put Under Benoît Battistelli's Control in DG1

    Benoît Battistelli, who openly disregards and refuses to obey judges (while intervening in trials and delivering 'royal decrees' whenever it suits him), may soon gain direct control over the judge he hates most



  19. The European Patent Organisation Refrains (For Nearly a Week) From Speaking About Battistelli's Abuses as Judged by ILO Tribunal

    The EPO's silence on the matter of Patrick Corcoran is deafening; to make matters worse, the EPO continues to pollute media and academia with money of stakeholders, with the sole intention of lobbying and misleading news coverage (clearly a disservice to these stakeholders)



  20. Carl Josefsson Lets Judge Patrick Corcoran Come Back to Work at the EPO

    After initial reluctance to obey/respect the rulings from the ILO (security staff declining access) there is official permission for Patrick Corcoran to enter and resume work (following 3 years of injustice against him)



  21. Bristows is Being Hammered With Negative Comments For Its Unitary Patent (UPC) Lies

    The Unified Patent Court (UPC) is practically dead in the UK and Ireland; Bristows, nevertheless, continues with its desperate spin



  22. Links 11/12/2017: Linux 4.15 RC3, Debian 8.10 and Debian 9.3

    Links for the day



  23. Judge Corcoran Turns to His Government for Help and EPO 'House Ban' is Finally Lifted

    Sources that are very reliable say that Patrick Corcoran is coming back to work, however it's now clear when and how long for



  24. Raw: Battistelli's Control/Domination Over the Boards of Appeal

    An old EPO document internally voicing concerns about the lack of independence at the Boards of Appeal



  25. Raw: Conflicts of Interest of EPO Vice-President

    An old EPO concern regarding structural collisions and mixed loyalties



  26. Microsoft-Connected Patent Trolls Are Increasingly Active and Microsoft is Selling 'Protection' (Azure Subscriptions)

    There are several indications that Microsoft-connected shells, which produce no products and are threatening a large number of companies, are inadvertently if not intentionally helping Microsoft sell "indemnification" ("Azure IP Advantage," which echoes the Microsoft/Novell strategy for collecting what they called "patent royalties" one decade ago)



  27. Yes, RPost is Definitely a Patent Troll and Its Software Patents Are at Risk Thanks to Alice

    The latest whitewashing (or reputation-laundering) pieces from Watchtroll, which tries to justify patent-trolling activities with software patents, typically in the Eastern District of Texas



  28. The Latest Scams in the Patent World

    Examples of 'dirty laundry' of the patent microcosm, which it understandably does not like covering (as it harms confidence in their services/advice)



  29. Patents Are Becoming a Welfare System for the Rich and Powerful

    A culture of litigation and more recently the patenting of broad industry standards may mean that multi-billion dollar corporations are cashing in without lifting a finger



  30. Unlike the Mobile Domain, When it Comes to Cars Patent Lawsuits Remain Rare

    An optimistic note regarding the relatively low-temperature legal landscape surrounding advanced automobiles, even though patents are being amassed on software in that domain


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