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

09.17.11

Impact of America Invents Act on Patent Trolls

Posted in Law, Patents, Red Hat at 5:18 am by Dr. Roy Schestowitz

The Capitol

Summary: A Red Hat perspective on the recently-passed H.R. 1249

RED HAT was recently sued by MOSAID, a patent troll that Microsoft helped pass some patents to, by its very own admission. MOSAID is similar to Acacia, which also sued Red Hat.

According to Erick Robinson, whom we mentioned in March and in April, the lousy patent 'reform' we saw recently may in fact be helpful against patent trolls. To quote Red Hat’s OpenSource.com:

So it has finally happened: a patent reform bill has actually become law. Last Thursday, the U.S. Senate voted 89-9 to send H.R. 1249 to the White House, where it was signed into law today. While I have pointed out in the past that this bill misses out on several aspects of reform that previous bills attempted, it does include some useful aspects.

First, though, let’s discuss what the new law will NOT include. It will not include any provision tying damages in patent litigation to the specific contribution of the patent over prior technology nor will it provide any specific damages limitation. It will also not require bifurcated trials to separate liability and damages issues. It will not allow interlocutory (real-time, during the underlying case rather than post-verdict) appeal of claim constructions by courts. It will also not specifically include a provision restricting venue in patent litigation (but, as shown below, the joinder provision will have an effect on venue for some cases). Each of these provisions were included in prior versions of the legislation and would have helped fix the system.

[...]

The joinder provision included in the America Invents Act, as passed, which Red Hat actively supported, specifically states that there must be another basis for joinder beyond an allegation that the defendants have all infringed a patent. Thus, the new law should prevent the “file around the country, and add a few Texas mom and pops” tactic. In fact, the natural result of this new law should be that patent plaintiffs, especially non-practicing entities (NPEs), will generally have to file as many lawsuits as there are defendants. This will mean that each case will likely be filed either where each defendant is organized (often Delaware or Nevada) or where it has its principal place of business.

At least as important as this effective restriction on venue is the effect on NPEs of having to litigate one case per defendant. First, NPEs have been targeting multiple defendants in a single lawsuit to reduce their costs. More important, though, NPEs have been leveraging such lawsuits against defendants by forcing competitors and other unfriendly parties to either cooperate by sharing confidential documents, expenses, attorneys, and strategy or to spend even more money and resources in defending the case. The new “one defendant-one lawsuit” rule will require NPEs to try cases as many times as there are defendants. Not only is this prohibitively expensive, but it puts the validity of the patent(s) in suit in peril every time the case is tried.

Ultimately, however, patent trolls should not exist; neither should software patents.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Google Bookmarks

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. [Humour] Television Channels That Don't Speak of Real Looting But Participate in Looting

    People may need to look beyond (or outside) the television screen to grasp what's going on



  2. (Software) Freedom is Elusive Without the Ability to Concentrate

    Software is consuming people's minds; to make matters worse, people have become so attached to such software that they're unable to see it and get away from it (they associate that software with "social life")



  3. Monopolies Erode Freedom, Freedom Erodes Monopolies

    "There are so many reasons that GitHub makes projects less free."



  4. Links 7/7/2020: NomadBSD 1.3.2, Clonezilla Live 2.6.7 and DRM Comes to Cars

    Links for the day



  5. [Humour] IAM Ranked Top for Quality of EPO Propaganda

    Contrary to what the European Patent Office (EPO) keeps saying, patent quality is slipping very fast in Europe (based on the EPO's own analysis!) but patent trolls-funded publishers deny that



  6. When They're Done With Patents on Foods and Recipes They'll Have Patents on Fashion, Taste and Smell

    The mental dysfunction — an infectious condition — that says everything in the world must be patented should be resisted; it overlooks the fact that patents were introduced to protect/promote actual invention, not thoughts, feelings, nature and art



  7. [Humour/Meme] IBM's Money is Unhealthy to the Free Software Foundation (FSF)

    IBM will never be happy as long as RMS (Richard Stallman) has a say in the FSF — directly or indirectly — or even in the GNU Project, both of which he himself created back when IBM was the biggest monopolist



  8. IRC Proceedings: Monday, July 06, 2020

    IRC logs for Monday, July 06, 2020



  9. Never Let IBM/Red Hat Lecture Us on Morality

    Ethics and morality should not be taught by those who themselves need a lesson; in the meantime we're losing the courage to speak freely and those who commit atrocious acts like it a lot better that way



  10. [Humour/Meme] Wear the Red Hat as the Open Org Becomes Openwash

    IBM is changing Red Hat and not for the better; sooner or later IBM will become another Microsoft and changing from one to the other will be like swapping 'masters'



  11. IBM is Imposing Non-Free, Privacy-Infringing Tools and Patent Tolls on Red Hat Staff

    There are signs that Red Hat under IBM will be more like assimilation to IBM, not IBM assimilating to the 'Red Hat way' or the so-called 'open org'



  12. They Tell the Free Software Community That It is Racist While Saying Nothing at All About Trump's Racism (Because He Gives Them Government and Military Contracts)

    While their president compares 'foreign' people to a virus (using innuendo, dog whistles and racist rhetoric reminiscent of the Nazi era) the big US corporations (American surveillance giants) turn their attention to rather innocuous words inside people's code (which almost nobody sees anyway)



  13. LibreOffice 'Personal Edition' Seems Like a Marketing and Communication Fluke

    Had LibreOffice developers (and the Document Foundation) communicated these changes more openly, they would have averted/avoided some of the FUD



  14. It Almost Feels Like Microsoft Has Already 'Bought' Canonical

    Canonical's disturbing trajectory and betrayal of the community continue unabated; one can easily get the impression that Ubuntu exists to help Microsoft at some level



  15. Update to GNU Project Bleeding into Microsoft

    Update



  16. Microsoft is Going to Get Tired of Whining About “GAFA” and Accept That It's Just as Bad If Not a Lot Worse at Privacy

    Microsoft is being treated by the US government as if it's not abusing anything, let alone people's privacy; if anything, this demonstrates the degree to which Microsoft infiltrated or 'vendor-captured' regulatory branches



  17. Links 6/7/2020: LibreOffice 7.0 RC1, MX-19.2 KDE Beta 1, Linux 5.8 RC4

    Links for the day



  18. ZDNet's 'Linux' Section: Linux is Full of Problems and It Loves/Embraces Software Patents

    Software patents promotion and GNU/Linux FUD; your daily dosage of 'news' from the tabloid known as ZDNet...



  19. IRC Proceedings: Sunday, July 05, 2020

    IRC logs for Sunday, July 05, 2020



  20. Links 5/7/2020: Slackel 7.3 Mate Beta and GNOME Gingerblue

    Links for the day



  21. Technological Progress? Only If We Assume The Wrong Things...

    When we're told that we're all dumb we're being given increasingly dumb technology (and they tell us dumber is better)



  22. Linux Foundation Still Owned and Controlled Largely -- and More Over Time -- by Surveillance Companies (Openwashing Services for Bad Practices and Bad Actors)

    The Linux Foundation‘s growing role in spying or the focus on data-mining operations is an eternal reminder or warning that the Foundation follows power and money, not freedom or ethics (it began as a salary-paying venture, crowdfunding among large corporations which conduct mass surveillance)



  23. Sharing is Caring, as Those Who Share Usually Care

    Going back to our human roots, people who cooperate and collaborate are vastly more likely to survive and thrive; Free software is almost guaranteed to become the norm when/once everyone demands it (proprietary software is too divisive, supremacist and even racist)



  24. Systems Can Crash and People Can Die by Changing Language (Even in Parameter and Function Space) to Appease Activists

    It seems clear that Intel takes the lead in trying to change Linux not in technical means but purely social means; even when (and where) that can compromise the robustness of the kernel (Intel is nowadays known for profoundly defective chips with back doors)



  25. António Campinos Should Speak to Peasants, Not Litigation Lawyers

    Mr. Campinos does not work for campinos but against campinos; he represents the people who sue or threaten them using ludicrous patents that should never have been granted (e.g. in Ethiopia)



  26. Christine Lambrecht (German Minister of Justice and Consumer Protection) Ignores the Fact That Even Patent Experts Reject the Unitary Patent (UPC)

    The debacle single-handedly caused by and attributable to Christine Lambrecht, who is eager to appease litigation lawyers, is made yet worse by the fact that people in this domain/profession reject what she's trying to ram down people's throats



  27. [Humour] The Linux Foundation is Not Even Using Linux

    The Linux Foundation does not support Linux except in name; it is important to remember that



  28. Microsoft Loves Power

    An explanation of why Microsoft says it loves this and that; Microsoft lacks the capacity to love or to express empathy as it's always about self gratification or coercion, nothing else



  29. IRC Proceedings: Saturday, July 04, 2020

    IRC logs for Saturday, July 04, 2020



  30. Indoors Society, Shut the Windows

    Times are changing in all sorts of ways; it seems like GNU/Linux and other Free/libre operating systems may emerge as winners when the 'dust settles'


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

Recent Posts