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

05.06.13

Press Continues to Focus on Patent Trolls Rather Than Patent Scope and Software Patents

Posted in Patents at 2:24 pm by Dr. Roy Schestowitz

Focus is lost

Camera focus

Summary: A deviation from the core issue a key trend now that everyone mentions “trolls” to trivialise the problem with the patent system

Our posts which criticise the US patent system (USPTO) receive a lot of positive attention because people overwhelmingly agree. We are told that a new survey says patent attacks scare off customers and kill businesses — something which patent lawyers would rather avoid discussing. The problem, however, is that Chien (law professor) singles out trolls and not software patents. To quote an article about the new study:

A new survey of in-house lawyers is adding some heft to the claim that patent attacks, especially by so-called “trolls,” are hurting the economy. Professor Colleen Chien of Santa Clara University revealed the results of her survey of 116 in-house lawyers today, and it shows that patent trolls—or companies that exist simply to litigate patents—are more prevalent than one might think.

Chien led off her brief talk by laying out the scope of the problem. Fully 62 percent of the patent lawsuits brought in 2012 were filed by trolls, which she calls Patent Assertion Entities or PAEs, the same nomenclature used by the government.

How about quantifying — proportion-wise — the frequency of software patents being involved?

Here is another article which shifts attention to trolls by saying “CBS also might be on the cutting edge when it comes to dealing with patent trolls, who seek reimbursement for companies alleging infringing on their patents. Previously, CBS would give them some money to just go away. These days, CBS partners with others to take a stand against patent trolling.”

Trolls are not the only issue; authors should be reminded of that. The same goes for copyright. Copyright trolls, as they are increasingly being labeled, are not the biggest issue with copyright law as it stands today. To give an example of copyright misuse consider the SCO case. 10 years down the line the harassment of Linux using copyright claims carries on. As Pamela Jones put it the other day:

That’s a bonk on the head for SCO, for sure, by a judge who demonstrates the simple truth that judges tend to be brainiacs, and they know it’s a duck when they see one paddling along calling out “quack, quack” even if it holds up a sign saying, “I am a Swan.” Utah, or so I’ve read, is the scam capitol of the US. So judges there not only have brains, they probably get a lot of experience as well, one assumes. Judge Nuffer also ruled that he doesn’t think oral argument would be needed on this, so SCO’s request for a hearing is also denied. I guess you could call it a no-brainer. I mean, fair is fair. Isn’t that what courts are supposed to be for? But dealing with SCOfolk does take brains and some careful planning, because they are tireless and nothing dissuades them from trying again any which way, and you see that careful thought went into this order. Also because dealing with SCO is like picking up a scorpion. You do want to give it some advance thought before you try it.

SCO is a reminder not only that trolls are the problem with so-called ‘IP’; it is also a reminder of the fact that large entities, such as Microsoft, like to use smaller entities, e.g. Nokia, to attack the competition. Nokia and SCO were both paid by Microsoft.

“…Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux.”

Larry Goldfarb, BayStar, key investor in SCO approached by Microsoft

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. The Court of Appeals for the Federal Circuit (CAFC) Gradually Champions Patent Quality, in a Spectacular Reversal on Its Past Ways

    Some of the latest actions and decisions from the Federal Circuit, which originally brought software patents to the United States and is now taking them away, gradually



  2. The Mohawk-PTAB Fiasco Threatens the Tribe's Reputation More Than It Threatens PTAB

    In an effort to dodge scrutiny from the Patent Trial and Appeal Board (PTAB), Allergan Plc offloaded a lot of negative publicity onto the Mohawk people, owing primarily to the Mowhawk Tribe's general counsel, Dale White



  3. Latest EPO Rumours Allege That Benoît Battistelli Rigged the Process of EPO President's Selection

    António Campinos is quite likely the next EPO President, as insiders suspect that many applications for the job got rejected politically



  4. Links 23/9/2017: Mesa 17.1.10 RC, Samba 4.7.0, KStars 2.8.4

    Links for the day



  5. Courts Are Losing Patience for Gilstrap's Unbridled Support of Patent Trolls

    The man whose court has become a trolling ‘factory’ is being refuted (but not reprimanded) by the CAFC, which certainly can see that something is amiss and serves to discredit the system as a whole



  6. Intellectual Ventures, GNU/Linux/Android/FOSS Patents, and the Ascent of European Patent Trolls

    The existing status of GNU/Linux in a world full of patent trolls, which not only target OEMs from Asia -- typically in the US -- but are also dragging them into Europe, aided by the EPO's 'patent bubble'



  7. Shelston IP Blames “Well-Organised and Appropriately-Connected Open Source Lobby” for Ban on Software Patents

    The activism is working and foes of programmers are feeling the pressure, for software patents are being more explicitly banned in some countries



  8. The EPO's Latest Lies About the UPC and SMEs Unraveled, Long-Term Plan Described as Daunting

    The vision of Battistelli and the latest lies (about SMEs) are being criticised anonymously -- for fear of retaliation -- as Europe braces for impact with patent trolls from all around the world



  9. In an Effort to Push the Unitary Patent (UPC), EPO and the Liar in Chief Spread the Famous Lie About SMEs

    The EPO wants people to hear just a bunch of lies rather than the simple truth, courtesy of the people whom the EPO proclaims it represents



  10. Links 21/9/2017: Red Hat's Open Source Patent Promise; Qt 5.6.3, Kali Linux 2017.2 Release

    Links for the day



  11. East Asia's Patent Peril and the Curse of Patent Trolls

    The high cost of China's new obsession with patents and the never-ending saga of Samsung (Korea), which gets dragged into courts not only in the US but also in China



  12. USPTO Starts Discriminating Against Poor People, and Does So Even When They Rightly Point Out Errors

    Even though the burden of proof ought to be on one who grants a monopoly, the legal costs are being offloaded onto those who challenge an erroneously-granted monopoly (even if the court sides with the challenger)



  13. Ambrose Chan Enters Document Security Systems (DSS), a Partly Patent Troll Entity

    The Board of Directors of DSS enlists a man from Singapore, whose lack of technical background suggests that the company is still more of a bully than an innovator



  14. UPC Threatens to Weaponise Software Patents in Countries That Forbade These

    The reality of software patents in Europe and what a Unified Patent Court (UPC) would mean for these if it ever became a reality



  15. The Latest Lies About the Unitary Patent (UPC) and CIPO's Participation in Those

    Team UPC continues to overplay its chances, conveniently ignoring simple facts as well as the Rule of Law



  16. The Patents Policy of Facebook is Causing an Exodus

    Yet another major player walks away from Facebook's code because of software patents



  17. Links 20/9/2017: Wine Staging 2.17, Randa 2017, Redox OS 0.3.3

    Links for the day



  18. When Google Used Alex Converse to Raid the Public Domain With Software Patents

    In its overzealous pursuit of software patents, Google is now turning public domain methods into private 'property' (in defiance of critics)



  19. Mark Kokes, the Man Behind BlackBerry's Patent Aggression, Leaves the Company

    The man behind the patent troll-like behaviour of BlackBerry is leaving



  20. WordPress Demonstrates That Facebook's Patent Strategy is Deterring/Alienating Developers

    React is being dumped following Facebook's attempt to restrict distribution/derivatives using software patents



  21. Links 19/9/2017: Pipewire, Mir Support for Wayland, DRM in W3C

    Links for the day



  22. Links 18/9/2017: Linux 4.14 RC1, Mesa 17.2.1, and GNOME 3.26 on Ubuntu Artful

    Links for the day



  23. Patent Trolls Update: Eolas, Conversant (MOSAID), Leigh Rothschild, and Electronic Communication Technologies

    Patent trolls are still being watched -- as they ought to be -- even though some of them shy away, hide from the media, engage in dirty tricks, and file more lawsuits



  24. Microsoft is Promoting Software Patents in India in Another Effort to Undermine Free/Open Source Software, Microsoft-Connected Trolls Are Still Suing

    The ongoing patent threat to Free/libre Open Source software (FLOSS) and the role played by Microsoft in at least much of this threat



  25. Patent Trial and Appeal Board (PTAB) Under Attack by IBM and Other Patent Parasites Who Undermine Patent Quality

    The PTAB, which has thus far invalidated thousands of abstract/software patents, is under a coordinated attack not by those who produce things but those who produce a lot of lawsuit



  26. Why the Mohawk Tribe Should Fire Its Lawyers and Dump the Patents Which Now Tarnish Its Name

    In order to dodge the Patent Trial and Appeal Board (PTAB) with its Inter Partes Reviews (IPRs), the Mohawk tribe is being exploited -- very much in direct detriment to its reputation and status



  27. Amazon and Google Have Both Become Part of the Software Patents Problem

    The transition from so-called 'defensive' patents to offensive patents (ones that are used to suppress competition) as seen in Amazon and in Google, which is already suing rivals and is pursuing additional patents by acquisition



  28. Unless Physical, Inventions Are No Longer Patent-Eligible in US Courts, But USPTO Ignores Precedence

    Even though the ability to enforce software patents against a rival (or many targets, especially in the case of patent trolls) is vastly diminished, the US patent office continues to grant these



  29. Citing the European Patent Convention, Spanish Court Tosses Lawsuit With EPO-Granted European Patent

    The quality of European Patents (EPs) -- a subject of growing levels of scrutiny -- as demonstrated in Barcelona this summer



  30. Links 16/9/2017: More of “Public Money, Public Code”, Equifax Failed to Patch for Months

    Links for the day


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