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

11.15.12

Mitchell Medina is a Patent Troll

Posted in Patents at 2:26 pm by Dr. Roy Schestowitz

Troll

Summary: The story of a patent troll who helps show how bad the patent system has become

The site of Mike Masnick loves this story which it says helps illustrate how bad the patent system becomes. It says that “Medina cut out the guy who actually came up with the idea of scanning documents, and set himself up as a patent troll. He sued over 100 companies — and realized that as long as the “license” he asked for was cheaper than fighting him in court, everyone would pay up, and everyone did… except one company, Flagstar Bancorp. Levy goes through details of the seven years spent fighting the case, including two separate district court judges who absolutely slammed the lawsuit (one said the case had “indicia of extortion”) and told Medina he had to pay up for filing such a ridiculous lawsuit (in between all that, the appeals court, ridiculously, disagreed and sent it back). Eventually the appeals court agreed with the lower court, and the Supreme Court refused to hear the case, but it was a massive waste of time and energy. Amazingly, the guy who demanded payment from all those companies (and got it from most), for doing absolutely nothing to actually help with the development of e-commerce, claims he’s a “victim.””

The original provides some background:

The US patent system goes back to the nation’s founding; it is explicitly delineated in the Constitution, which, in the name of “the progress of science and the useful arts,” gives Congress the power to grant inventors “the exclusive right to their respective writings and discoveries” for a limited time—generally 20 years—during which period competitors are forbidden from selling similar products. Without those assurances, there would arguably be no incentive to innovate; why invest money and effort on a breakthrough that anyone could then take and sell? Patents created a business environment that led to such landmark technologies as the cotton gin, Morse code, the Yale lock, the Xerox machine, the laser, and the Hula Hoop.

But over the years patents became much more than just protection. They were also assets. Inventors who won patents were free to sell them on the open market, giving the buyer the right to their creations. In theory this was another boon for innovation; even if original patent holders couldn’t maximize the potential of their inventions, they could still turn a tidy profit by allowing someone else to build on their ideas. But in practice it meant that even people who never invented anything in their lives—a group of lawyers, for instance—could scoop up a bunch of patents and start suing other inventors for infringing on their intellectual property.

And this is what we have today. It is a broken system that almost everyone wants changed.

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

A Single Comment

  1. mcinsand said,

    November 16, 2012 at 10:15 am

    Gravatar

    Medina better be careful; he’s obviously infringing on Apple’s business methods, and I have no doubt that they have an issued patent on that.

What Else is New


  1. Breaking: EPO Vice-President Željko Topić Loses Defamation Case in Croatia

    The EPO's notorious Vice-President, whose appointment at the EPO is still raising some alarming questions, has just lost his case in Croatia (one of many cases), motivating us to accelerate coverage about the persona known as Željko Topić



  2. Qualys Starts Self-Promotional FUD Campaign, Naming a Bug That Was Already Fixed 2 Years Ago and Distros Have Covered With Patches

    Responding to the media blitz which paints GNU/Linux as insecure despite the fact that bugs were evidently found and fixed



  3. The Openwashing of Microsoft is Now Threatening to Eliminate the Identity of Free Software

    More openwashing of Microsoft, including in the corporate media, shows just to what great an extent and how quickly the old "Microsoft Open Source" Big Lie grows feet



  4. Links 27/1/2015: Plasma 5.2, Dell Precision With GNU/Linux

    Links for the day



  5. Microsoft's Media Attack on Free Software and GNU/Linux

    Brainwash war is still being waged by Microsoft and its friends to convince people that Windows is universally dominant and that Microsoft is now part of the Free software world



  6. Microsoft Accounting Practices After Fire Again, After Previous Abuses and Book-Cooking

    After the infamous IRS brawl comes another confrontation between Microsoft and the SEC, which is unhappy with Microsoft for seemingly cooking the books again



  7. Links 26/1/2015: Debian 8.0 “Jessie” RC1, Linux Kernel 3.19 RC6

    Links for the day



  8. Links 25/1/2015: Android Wear 5.0, Tizen in Bangladesh

    Links for the day



  9. IRC Proceedings: January 11th, 2015 – January 24th, 2015

    Many IRC logs



  10. Links 24/1/2015: Zenwalk Linux Reviewed, Netrunner 14.1 Released

    Links for the day



  11. The Latest 'Microsoft is Open Source' Propaganda a Parade of Lies

    Microsoft myth makers continue their assault on what is objectively true and try to tell the public that Microsoft is a friend of "Open Source"



  12. Apple -- Like Microsoft -- Not Interested in the Security of Its Operating Systems

    Apple neglected to patch known security flaws in Mac OS X for no less than three months and only did something about that vector of intrusion when the public found out about it



  13. As Battistelli Breaks the Rules and Topić Silences Staff, New European Parliament Petition for Tackling the EPO's Abuses is Needed

    The neglected (by EPO) Article 4a of the European Patent Convention (EPC) and the European Parliament petition/complaint against the EPO's crooked management



  14. Links 23/1/2015: Red Hat on IBM Power, Meizu Leaks With Ubuntu

    Links for the day



  15. Links 23/1/2015: Plasma 5.2, Manjaro 0.9-pre1

    Links for the day



  16. Microsoft is Dying Due to Free Software, Tries to Infect GNU/Linux With .NET and to Infect Moodle in Schools With Microsoft Office and OOXML Lock-in

    'Free' drugs (a proprietary software analogy) the new strategy of Microsoft in its latest battle against Free software, especially in schools where choice is a rarity (if not an impossibility), with the premeditated intention of forming dependency/addiction among young people



  17. Microsoft Symptoms of a Dying Company: More Boosters Depart, Back Doors Revealed, Microsoft's Outlook Cracked

    Bad news for Microsoft shortly before the marketing extravaganza served to cover much of it up



  18. The Collapse of European Patent Office Management Culminates With Resignations

    No blood is spilled, but even the management of the EPO is falling apart as the Director of Internal Communication is said to have just resigned



  19. New LCA Talk: Open Invention Network's Deb Nicholson on Software Patents and Patent Trolls

    Deb Nicholson's LCA talk is now publicly accessible



  20. Links 22/1/2015: GNU/Linux Sysadmin Opportunities, TraceFS Introduced

    Links for the day



  21. Links 21/1/2015: Andrew Tridgell, Torvalds Being Baited

    Links for the day



  22. Vesna Stilin Renews Her Fight for Justice in Željko Topić Case (EPO VP)

    Željko Topić's abuses continue to cloud the legitimacy of the European Patent Office, in which he is a Vice-President



  23. Failure of the EPO Can Derail the Trojan Horse of Software Patents and Patent Trolls

    Dazzled by his endless pursuit of infinite money and power, Battistelli pushes for expansion of patent scope (geographically too), but he won't have it without a challenge



  24. Links 20/1/2015: Linux 3.19 RC5, 30 Years of FSF

    Links for the day



  25. Translations of Member of the European Parliament Complaining About European Patent Office (EPO)

    French, German, Dutch, and English translations of the article from Dennis De Jong



  26. Microsoft, the Back Doors Company, is Gradually Dying and Trying to Embrace the Competition

    The world is leaving Microsoft's common carrier (Windows) behind, so Microsoft, which is shrinking, tries to conquer Free software and GNU/Linux



  27. Battistelli's Latest Propaganda War Tries to Convince EPO Staff That Željko Topić's Many Criminal Charges Don't Exist

    Battistelli's right-hand man, Željko Topić, is now facing real danger of prosecution and possibly arrest in his home country, so Battistelli rushes to defend this thug's reputation



  28. Links 18/1/2015: Sailfish OS RoadMap, ownCloud Turns 5

    Links for the day



  29. Strategy of Litigation With Patents Has Collapsed Since SCOTUS Ruling in Alice v. CLS Bank

    The latest figures from Lex Machina show a massive decrease (-18%) in patent litigation last month; lawyers look for ways to spin the data in their favour



  30. Patent Lawyers Can't Help Rewriting Alice v. CLS Bank History

    The league of patent lawyers -- people who profit at the expense of software producers -- keeps brainwashing the public about the patentability of software (both the rationale and the potential)


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