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

12.16.12

Patent Trolls Face More Opposition as Their Share of Lawsuits Increases

Posted in America, Apple, Law, Patents at 6:16 am by Dr. Roy Schestowitz

TrollSummary: Action against patent trolling seems imminent, but the behaviour of companies like Apple is largely overlooked for now

Parasitical elements in a government-backed scheme are being tackled by the government, which is still investigating the matter. Apple has been suing Android, which it views as a top rival. The aim is to tax (make more expensive) or castrate Android. As one report put it last week:

At the end of August, Apple Inc seemed on top of the world. Fresh off a resounding $1.05 billion U.S. legal victory over arch-foe Samsung Electronics Co Ltd, the company was gearing up to launch the fifth iteration of its iconic iPhone. Just a week prior, its market value had surpassed Microsoft Corp’s and it became the most valuable technology company in history.

Things have gotten worse for Apple since then. Samsung phones easily outsells Apple ones and Apple’s public identity, that of somewhat of a troll, did its reputation a lot of damage. Trial misconduct [1, 2] does not help, either. As Groklaw put it:

Yet in a later media event at Gizmodo where anyone could ask him questions, Hogan was asked a question about whether he had considered if the patents should have issues, which he answered by contradicting the above instructions:

Demon-Xanth: Did you have the opportunity to ask “Is this something that should be patentable?” during the trial?

Velvin Hogan: @Demon-Xanth No, however it was not the function of this jury to ask that. We were bound to use the law as it is today. The patents were issued the judge instructed us not to second guess the current patent system.

Samsung said he was “deliberately dishonest”.

The Federal Trade Commission, which we wrote about in [1, 2], misses the point; it should know by now that the problem is not trolls, it’s the system. But addressing the problem by debating it would be a good start:

The Federal Trade Commission and Department of Justice will hold a joint public workshop on Dec. 10, 2012, to explore the impact of patent assertion entity (PAE) activities on innovation and competition and the implications for antitrust enforcement and policy.

“Professor Chien relates (at around 33:55) that in 2012, 61% of all new patent litigation was brought by trolls, that is by entities that don’t make anything,” remarks Pamela Jones. Here is a new article about the cost of patent trolls:

Patent trolls drain businesses of billions of dollars a year. And if you have a website–any website–you are a potential target. Here’s what you need to know if they come after your business.

Here is another article:

For the first time, individuals and companies that do not themselves make anything – commonly known as “patent trolls” – are bringing the majority of U.S. patent lawsuits, according to a study by a California law professor.

The Federal Circuit is said to have another chance to change course and do the right thing:

Federal Circuit Declines Chance to Eliminate Split Involving Standard of Review, Prompting Blistering Dissent

[...]

“Not surprisingly,” Judge Moore explained, “given the clear direction from the Supreme Court, the regional circuits are unanimous that the issue of objective reasonableness under Rule 11 is to be reviewed deferentially by the appellate courts.”

The software patents booster calls it a troll turning point:

On Friday, December 7, 2012, the United States Court of Appeals for the Federal Circuit issued a precedential opinion in Raylon v. Complus Data that gives hope to defendants everywhere who face objectively baseless patent infringement claims.

It seems like the FTC and some high courts still have an opportunity to change course. Let’s wait and see. The problem is, there are patent lawyers everywhere, at all levels. They try to guard the status quo and make things worse by assimilation, e.g. in Europe and New Zealand.

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. Links 28/1/2015: Ubuntu Touch Windowed Mode, NVIDIA Linux Legacy Drivers Updated

    Links for the day



  2. 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



  3. 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



  4. 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



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

    Links for the day



  6. 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



  7. 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



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

    Links for the day



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

    Links for the day



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

    Many IRC logs



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

    Links for the day



  12. 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"



  13. 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



  14. 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



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

    Links for the day



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

    Links for the day



  17. 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



  18. 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



  19. 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



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

    Deb Nicholson's LCA talk is now publicly accessible



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

    Links for the day



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

    Links for the day



  23. 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



  24. 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



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

    Links for the day



  26. 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



  27. 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



  28. 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



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

    Links for the day



  30. 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


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