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

08.22.13

Easy Litigation With Patents and Broad Patent Scope the Ammunition of Patent Trolls, Parasitical Firms

Posted in Patents at 9:24 am by Dr. Roy Schestowitz

Gentle or covert parasitical behaviour

Eastern Phoebe next

Image by Galawebdesign

Summary: Discussion about patent news with focus on what’s required to end retardation of competition

Everyone in the public arena (e.g. politicians) speaks of patent reform as though it’s an enigma, a mystery. The public generally knows what’s required, but lawyers (which is what most politicians are) and business leaders have a different agenda in mind. Protectionism to them (protecting from the public) is a business.

Law Professor Mark Lemley says that patent trials can be made shorter, which would basically make more entities eager to sue over patents and for parties not to settle out of court. Not a smart move. It is the wrong solution, but he does not advocate it, he just frames his paper like this. Right now we can observe this gross case where software patents are used to starve practising companies:

A Virginia federal judge on Friday found Lawson Software Inc. in contempt of an injunction in a suit over online sales patents, ordering the company to pay roughly $18 million because it didn’t make substantial changes to software infringing patents owned by ePlus Inc.

Here is another new story. Only lawyers win.

In October 2008, MPS filed a declaratory judgment (DJ) action against O2 Micro – asking the district court to issue declarations of noninfringement and invalidity with respect to four O2 Micro patents. U.S. Patent Nos. 6,856,519, 6,809,938, 6,900,993, and 7,120,035. O2 Micro’s attorneys had been monitoring case-filing information and, when the company learned that it had been sued, it quickly filed its own complaint regarding the same patents in the USITC (even before MPS was able to serve notice on O2 Micro).

The above shows that not only patent trolls are the problem, they are a symptom. Forget about blaming just trolls, who are distracting from bigger issues. This is not the route towards reform. Speaking of trolls, remember that they usually use software patents (like encryption). This new article shows the challenge of eliminating those patents in the US. “Like it or not, certain software is still eligible for patent protection,” writes a patent lawyer in a lawyers’ Web site. Another site reports on the “Lawsuit Industry in America”, noting that it is out of control. Troll Tracker reminds us why everyone with a scanner is under attack:

Maybe you have to have been a kid in the 70′s to know who Buford Pusser is, but suffice it to say that Lori Swanson, Minnesota’s Attorney General, took a page right smack out of his book when she went after the Scanner Dudes. You may know them as MPHJ, a company with as many shells as a South Padre Island beach, all of which were created to send shakedown notices to every Mom and Pop who owns a scanner and uses email. Like Vermont and Nebraska before, Minnesota has thrown down the gauntlet against these guys and others of their ilk.

There is at least some backlash against it, but it’s not enough. It is still a growing industry. The BBC has this new programme about it and an accompanying article with loaded language from Rory Cellan-Jones (he says “invention owners”).

Now that the White House ponders taking reactionary action to appease large corporations (not the public) we see some more lobbying from trolling giants. Intellectual Ventures, which is lobbying with Bill Gates as we reported some years ago (it came from a radio show about the policy pressure groups for trolls) is up to it again:

Intellectual Ventures Management, which its critics consider one of the largest U.S. “patent trolls,” has deployed its first in-house lobbyist in Washington, D.C.

The Bellevue, Wash.-based patent holding company has sent its chief policy counsel, Russell Merbeth, to the capital to advocate on “[i]ssues related to patent reform, intellectual property rights, taxation of patent royalties, [and] corporate tax reform,” according to lobbying registration paperwork filed with Congress Thursday. In March, Merbeth came to Intellectual Ventures from Cricket Communications Inc., where he served as vice president of government affairs.

What we need to recognise is, people like Bill Gates, who try to pass off patents as ‘charity’ through the Gates Foundation, are the plutocrats who benefit the most from patents and they control our politicians (not just in the US, the same is true here). Reform won’t come from politics, it will come from brave action from the population. The pyramid scheme of Bill and Nathan, for example, is unlikely to be shut down by the government and neither person will be sent to prison for racketeering.

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 EFF Back to Tackling Software Patents, Not Just Patent Trolls

    Electronic Frontier Foundation lawyers start targeting large companies that exploit patents for intimidation and extortion, not just patent trolling



  2. Microsoft Wants to Devour the Competition (Linux), Devour People's Data

    Refuting the "new Microsoft" propaganda and some ludicrous concept that Microsoft is now "playing nice"



  3. Benoît Battistelli Thinks 'President' is Above the Law, Decides to Ignore the Court's Ruling

    Staff of the EPO is given yet more reasons to protest tomorrow at the British Consulate, for the so-called 'President' of the EPO reminds everyone of the very raison d'être for the protest -- a vain disregard for the rule of law



  4. Links 24/2/2015: Xfce 4.12 a Week Away, GNOME 3.16 Previewed

    Links for the day



  5. Links 23/2/2015: Ubuntu Kylin 14.04.2 LTS, Cinnamon 2.6 Previews

    Links for the day



  6. IRC Proceedings: February 8th - February 21st, 2015





  7. The EPO's Sham 'Internal Investigation' of EPO Vice-President Željko Topić's Affairs

    The EPO never investigated the Željko Topić affair, it only pretends to have investigated (one small aspect, i.e. cherry-picking) using a Benoît Battistelli-controlled group



  8. Links 21/2/2015: GNOME 3.15.90, Google Wins Android Lawsuit

    Links for the day



  9. Microsoft AstroTurfing War on GNU/Linux is Still Going On, But Hidden Better, Uses API as Instrument of Lock-in

    The corruptible press continues to describe blatant attacks (Embrace, Extend, Extinguish) against GNU/Linux and Free software as Microsoft 'embracing' Open Source



  10. Lenovo's Superfish Scandal is Spyware on Top of Spyware (Microsoft Windows), the Problem is Inherently Proprietary Software

    Shifting focus to the root problem, which is neither Lenovo nor its laptops but the non-free programs installed on hardware



  11. Benoît Battistelli Once Again Threatens EPO Staff That 'Dares' to Protest, Battistelli Exploits Terror Attacks to Pretend to Respect Free Speech

    The European Patent Office (EPO) President, Benoît Battistelli, reportedly started threatening -- as before -- staff that decides to exercise the right to assemble and protest against abuses, including the abuses of President Battistelli himself



  12. Links 20/2/2015: Android Studio v1.1, GDB 7.9

    Links for the day



  13. Links 20/2/2015: Bloomberg Joins Linux Foundation, ClearOS Community 6.6.0

    Links for the day



  14. The Chartered Institute of Patent Attorneys Slams the European Patent Office for Structural Failings

    An important letter which we overlooked while writing yesterday's 4 articles about the European Patent Office (EPO); yet another key stakeholder complains



  15. Links 19/2/2015: Hewlett-Packard on Cumulus Linux, Previews of GNOME 3.16 Beta

    Links for the day



  16. Techrights Under Attack Again, Shortly After Important EPO Articles

    Techrights highlights a pattern that is months old; Site faces availability issues shortly after reports about the European Patent Office and its abuses



  17. EPO Staff Protests Against Benoît Battistelli’s Lowering of Patents Quality (Scope Expansion and Software Patents for Profit)

    A protest in Munich in less than 6 days will target Mr. Sean Dennehey, who has helped Battistelli cover up his abuses and crush legitimate critics, whom he deemed illegal opposition as if the EPO is an authoritarian regime as opposed to a public service which taxpayers are reluctantly (but forcibly) funding



  18. Breaking: European Patent Office Sued by Its Own Staff in The Hague, Must Unblock Staff's Voices

    The crooked management of the European Patent Office (EPO) gets in legal trouble after repeated attempts to cover up abuses and suppress criticism



  19. Željko Topić's History in SIPO Leaves a Legacy of Alleged DZIV Vehicles (Bribes), Authorship Abuses, and Intimidation Against Reporters

    Another deep look at Željko Topić's background in Croatia, preceding his very notorious appointment to the EPO where he now serves as Benoît Battistelli's most controversial attack dog



  20. The Old Obsession With Patent Trolls Continues to Distract From Debate About Software Patenting

    A roundup of recent coverage about monopolies on algorithms in the United States



  21. Links 19/2/2015: 64-bit ARM Linux, Chinese New Year

    Links for the day



  22. Links 18/2/2015: Linux Report, FlightGear 3.4

    Links for the day



  23. EPO Scandals: The Story So Far

    An overview of articles about mischief, misconduct and breach of laws at the EPO



  24. Links 17/2/2015: TripleO, Pivotal

    Links for the day



  25. Links 17/2/2015: SystemD 219, Frugalware 2.0 (Rigel) Released

    Links for the day



  26. Željko Peratović Slammed for Whitewashing Željko Topić After Publishing Important Piece on Behalf of Key Sources

    Response from Ivan Kabalin to Zeljko Peratovic's so-called "apology" which is both mysterious and seemingly inadequate as it does nothing to actually explain what was wrong (if anything)



  27. Benoît Battistelli Has Made Oversight of European Patent Office Absolutely Impossible





  28. Microsoft Already Killed Nokia, Don't Let It Kill Android Players Too

    Microsoft's strategy against Android mirrors the company's evil strategy that derailed MeeGo and Nokia



  29. Intel Continues to Attack Software Freedom Through UEFI

    The Trojan horse that Microsoft uses to cement its monopoly on desktops and laptops (making it hard or impossible to install and run GNU/Linux) is also being misused to block Coreboot



  30. Links 16/2/2015: Netrunner 15, Bridge Linux

    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