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

07.22.13

No Imminent Plan to Fix the Patent System in the US, Just to Make it More Convenient for Megacorporations and Plutocrats

Posted in Patents at 11:29 am by Dr. Roy Schestowitz

Sam Palmisano headed the #1 patents maximalist

Sam Palmisano
Photo by Dan Farber

Summary: More new stories and evidence which convince us that any suggested reforms are designed to serve the rich and ultra powerful, not to actually decrease pain and suffering felt by SMEs (globally declining force)

Patent trolls are receiving more attention than the controversy over software patents. They are viewed as enemy number one these days, even though many trolls are using software patents and a lot of patent abuse comes from huge companies like Microsoft, Oracle, and Apple. Here is a response to the New York Times setting the trend by focusing on trolls again:

  • NY Times Profiles One Of The World’s Worst Patent Trolls

    We’ve covered patent troll Erich Spangenberg a few times over the years, starting with the time a court told him he needed to pay $3.8 million to DaimlerChrysler after he had signed a patent licensing agreement over some patents in one of his shell companies, transferred those patents to another shell company… and sued DaimlerChrysler once again.

Yes, this is troubling, but why ignore the massive, multi-million-patent cartels of large corporations? Consider what RPX is doing. On July 18th it wrote about ‘licensing’, noting that: “Interestingly, while the inefficiency of the legal system can often make fighting NPEs with small portfolios and small demands (regardless of the merits) seem economically unattractive, the opposite may be true for “aggregate-and-assert” NPEs with large portfolios and eight- or nine-figure demands. Fighting could often be the correct economic choice.”

They must be referring not just to Intellectual Ventures, which uses smaller shells to do the litigation. Consider how Lodsys is connected to Intellectual Ventures and see how nasty it gets:

  • Lodsys Sues App Developer For Patent Infringement Because He Called Them A Patent Troll

    Lodsys, as you may recall, is the rather infamous patent troll, which is demanding payment from a ton of app developers, claiming to have broad patents (which it got from Intellectual Ventures, of course) that cover all sorts of smartphone apps. Todd Moore, who runs app developer TMSOFT, was recently sued by Lodsys, claiming patent infringement, because his White Noise app has a hyperlink that would open a URL in another app — a rather basic thing that tons of apps do. However, it seemed odd to go after TMSOFT, given that, as Moore notes, the app itself only made $500, and Lodsys itself insists that it’s often just asking for less than 1% of revenues.

Here is what it’s like for startups. A personal story goes like this: “Once a month, Steve Wright* gets a large envelope from his lawyers and goes into a whir. “Every month when that hits my desk, I just get this feeling in the pit of my stomach, like, ‘How bad is it going to be?’” says Wright, the founder and CEO of a New York-based ecommerce startup.”

The White House says it is going after trolls [1, 2, 3, 4, 5, 6, 7, 8, 9], but when will it trace them back to their masters? Remember that the entity connected to ~2,000 shell companies is deeply connected to Bill Gates and Microsoft. Maybe deposing Gates and Ballmer would be a good start. They are patent terrorists. While the government pretends to pursue patent justice we also have this:

Why? Because patents when they aid large corporations that fund and run the government remain untouchable and they will get more oppressive over time.

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 28/8/2016: Q4OS 1.6, ConnochaetOS 14.2

    Links for the day



  2. The United States Has Gotten Over Software Patents

    A roundup of new articles about software patents in the United States, 2 years into the post-Alice era (the US Supreme Court deeming patents on software too abstract to have merit)



  3. More Lies From President Benoît Battistelli and the EPO Crisis Which Continues to Deepen

    The European Patent Office (EPO), collectively speaking, is still wrestling with a Battistelli infiltration (a circle of high-level managers) which habitually lies and viciously attacks those who dare counter these lies



  4. Links 27/8/2016: Torvalds and GPL, “DOD Must Embrace Open-Source Software”

    Links for the day



  5. Links 26/8/2016: Maru OS Resurfaces, Android More Reliable Than 'i' Things, PC-BSD Becomes TrueOS

    Links for the day



  6. Good Job, David Kappos, Says the 'Boss' (IBM)

    Responses to the latest call against Alice (eliminator of many software patents), courtesy of the man from IBM (still paid by IBM) who was responsible for the policy that blindly approved a lot of software patents in the US



  7. Being for Patent Quality or Against Patenting Excess Does Not Make You Anti-Patents

    Like IAM, which tries to portray sceptics and critics of software patents as "anti-patents", IP Watchdog (or Watchtroll as we call it) is 'trolling' the Electronic Frontier Foundation, simply because it expressed an opinion that patent maximalists cannot tolerate



  8. Erosion of Patent Quality Enables Patent Extortion With Large Portfolios of Low Validity Rate

    Revisiting the EPO's vision of poor patent examination and the effect of discriminatory granting practices, favouring patent bullies such as Microsoft (which actively attacks Linux using low-quality and usually pure software patents)



  9. The EPO's Francesco Zaccà Presenting in Turin Alongside Patent Trolls (Like the Patent Mafia Sisvel) and Lobbyists/Front Groups for Software Patents, UPC

    Benjamin Henrion (FFII) on seeing the EPO alongside patent trolls and other nefarious actors, doing what they do best, which is undermining public interests and harming patent quality



  10. The EPO, USPTO, and Patent Microcosm Peddle Myths About Patents in Public Universities and Research

    Tackling some of the commonly-spread myths about patents as "saving lives" and "promoting research" (in practice leading to the death of poor people and promoting trolls)



  11. Large Corporations' Lobbyist David Kappos Disgraces Former Employer USPTO by Meddling in Their Affairs on Software Patents, Downplaying the Supreme Court

    The latest lobbying from David Kappos, who blatantly exploits his connections in patent circles to promote software patents and work towards their resurgence after Alice v CLS Bank



  12. Journal of Intellectual Property Law and Practice Calls the European Patent Office “Rotten”, Other Sources Scrutinise Recent Moves

    The patent office which was once known for being the best bar none is rotting under the Frenchman Benoît Battistelli, who made himself and his friends the main clients of the Office



  13. PTAB Emerges as Hero of USPTO Because Quality of Patents Improves, Software Patents Are Effectively Dead (or Dying Once Reassessed)

    With help from the Patent Trial and Appeal Board (PTAB) -- not just patent courts -- software patents drop like flies by the thousands



  14. Creative Technology, Now Operating in 'Patent Troll' Mode, Shot Down by the ITC; Jawbone Too Shot Down

    Some good news from the U.S. International Trade Commission (ITC), which may have put an end to Creative's new war on Android (using old patents)



  15. Corporate Media in India Misrepresents Startups to Push for Software Patents

    A parade of misinformation as seen in Indian (but English-speaking) press this week as questions about patentability of software resurface



  16. Links 25/8/2016: Linux Turns 25, NetworkManager Turns 1.4

    Links for the day



  17. Links 24/8/2016: More From LinuxCon, Uganda Wants FOSS

    Links for the day



  18. Links 23/8/2016: GNOME 3.22 Beta, Android 7.0 Nougat

    Links for the day



  19. The Linux Foundation Gives Microsoft (Paid-for) Keynote Position While Microsoft Extorts (With Patents) Lenovo and Motorola Over Linux Use

    This morning's reminder that Nadella is just another Ballmer (with a different face); Motorola and Lenovo surrender to Microsoft's patent demands and will soon put Microsoft spyware/malware on their Linux-powered products to avert costly legal battles



  20. Not Just President Battistelli: EPO Vice-Presidents Are Still Intentionally Misrepresenting EPO Staff

    Evidence serving to show that EPO Vice-Presidents are still intentionally misrepresenting EPO staff representatives and misleading everyone in order to defend Battistelli



  21. Battistelli the Liar Causes a Climate of Confrontation in French Politics, Lies About Patent Quality (Among Many Other Things)

    Battistelli's lies are coming under increased scrutiny inside and outside the European Patent Office (EPO), where patent quality has been abandoned in order to artificially elevate figures



  22. The Collapse of Software Patents and Patent Law Firms Trying to “Overcome” Alice

    The United States continues its gradual crackdown on software patents (which are viewed as abstract and thus unpatentable), whereas in Europe things are murkier than ever



  23. Apple's Patent Wars Against Android/Linux Make Patent Trolls Stronger

    Apple's insistence that designs should be patentable could prove to be collectively expensive, as patent trolls would then use a possible SCOTUS nod to launch litigation campaigns



  24. Links 22/8/2016: Linux 4.8 RC3, Linux Mint 18 “Sarah” KDE Beta

    Links for the day



  25. Links 21/8/2016: Apple and Microsoft Down, Systemd Spreading to Mount

    Links for the day



  26. Links 20/8/2016: Android Domination, FSFE summit 2016

    Links for the day



  27. Patents Roundup: Trolls Dominate Litigation, PTAB Crushes Patents, Patent Box Regime Persists, and OIN Explains Itself

    Another roundup of patent news from around the Web with special focus on software patenting



  28. The Cost/Toll of the 'New' EPO and Where All That Money Goes or Comes From

    The European Patent Office has become a servant of the rich and powerful (including large foreign corporations) and even its own employees now pay the price associated with misguided new policies (or 'reforms' as Battistelli habitually refers to these)



  29. Links 19/8/2016: Linux Mint With KDE, Linux Foundation's PNDA

    Links for the day



  30. The End of an Era at the USPTO as Battistelli-Like (EPO) Granting Policies Are Over

    The United States is seeing the potency of patents -- especially software patents (which make up much of the country's troll cases) -- challenged by courts and by the Patent Trial and Appeal Board (PTAB)


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