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. Microsoft Technology Crashes Financial Markets, Again

    SunGard, which is a Microsoft shop, is clearly failing to provide what it calls mission-ciriticaal [sic] solutions



  2. Alice v. CLS Bank (Alice/§101) Comes to Squash Software Patents Even in Eastern District of Texas

    The crackdown on software patents is coming along nicely and the Alice case is now being utilised even in the capital of patent trolls



  3. Apple's Patent Cases Against Android Are Falling Apart, as Acknowledged Even by the Anti-Android Lobby





  4. Links 29/8/2015: NetworkManager 1.0.6, Systemd Merges “su” Command Replacement

    Links for the day



  5. Microsoft Loves Linux to Death and Still Tries to Kill GNU/Linux

    Microsoft's relentless attacks on GNU/Linux and Free software in general (even if it runs on Windows) are so evident that claims of 'love' remain laughable at best (if not infuriating)



  6. Censorship, Self-Censorship and Intimidation Now the Modus Operandi at EPO

    The European Patent Office has ceased even trying to pretend that it respects human rights, including the right to free speech



  7. Patent Practitioners: "The Unitary Patent Might be Able to Open the Floodgates for Software Patents in Europe"

    The EPO-backed Unitary Patent scheme threatens to bring software patents to Europe and along with them a lot of patent trolls from all around the world (especially the United States)



  8. Microsoft Lies About Vista 10 and Increases Microsoft Surveillance (Even Beyond Vista 10 and Into Android, Vista 7/8)

    Windows surveillance expands retroactively, making its way into platforms other than Windows and also expanding to predecessors of Vista 10



  9. Another Suicide at the EPO, Fifth by Our Count

    Yet another EPO member of staff has just committed suicide, leading to the inevitable question: how many people need to die before Battistelli and his minions are out of the Office for good?



  10. Links 27/8/2015: ownCloud Desktop Client 2.0, Red Hat Downgraded

    Links for the day



  11. Microsoft-connected Mesosphere Threatens to Eliminate Free Software in the Datacentre

    Hiding behind a misleading 'open' label while actually backed by Microsoft (and based on new rumours may join Microsoft), Mesosphere wishes to eradicate Free and back doors-free software in large datacentres hosting a lot of physical and virtual servers



  12. Microsoft Aggression Against GNU/Linux Amid Vista 10's Failure

    A look at the recent assault on GNU/Linux in Munich and the likely cause for this assault (in such a timely fashion, too)



  13. Message to LinuxCon Regarding Microsoft: “It is Necessary to Get Behind Someone in Order to Stab Them in the Back.” -Sir Humphrey Appleby

    Jim Zemlin, executive director of the Linux Foundation, helps Microsoft gain influence in the Foundation after payments are received



  14. Market Share Estimates Confirm That Vista 10 Failed in a Major Way

    Confirmatory evidence that Vista 10 is failing in the market about a month after its much-hyped (paid coverage) release



  15. When Microsoft, the Master of Patent Trolls, Complains About Trolls

    Possibly the world's biggest patent abuser and monopolist, which also creates many patent trolls (including by far the biggest one), takes on a far smaller abuser in Court



  16. Letter Signed by Two German Officials Becomes a Microsoft Weapon of Propaganda

    Microsoft and its minions refuse to leave Munich alone, even though the vast majority in Munich are perfectly happy with Free/libre software



  17. Links 25/8/2015: Linux Kernel 4.2 Final RC, KDE Ships Plasma 5.4.0

    Links for the day



  18. Sabine Pfeiler and Otto Seidl Should Take Note as Russia -- Like China -- is in the Process of Banning Microsoft Windows for Security Reasons

    A look at a strange suggestion, signed by Sabine Pfeiler and Otto Seidl, who suggest going back to Microsoft which is basically a spyware company now



  19. Microsoft Windows Leads to Espionage and Blackmail: Latest Examples

    Another news overview, detailing high-profile examples of high-cost Windows deployments (including the cost of litigation and settlement)



  20. Links 23/8/2015: BcacheFS Benchmarks, Blackphone 2

    Links for the day



  21. Links 22/8/2015: Chromebook Gains, GNOME 3.18 Clues

    Links for the day



  22. Alice v. CLS Bank (the Alice Case/§101) Continues to Crush Software Patents in the United States

    Patent scope in the United States continues to be narrowed down as more software patents get their wings clipped



  23. Company of Hype and 'Fanbois' Continues Its Patent Attacks on Android/Linux

    Apple's attacks on Android (using bogus patents) may be soon be escalated to the US Supreme Court (SCOTUS)



  24. EPO Corruption of Patent Boundaries: Business Methods and Algorithms Patented

    How the European Patent Office (EPO) not only turns a blind eye to European law while patenting or granting patents on software but also openly advocates this now



  25. Who's Obsessing Over Patent Trolls in Latest 'Reform' Efforts? Larger Patent Trolls Such as Xerox

    Response to claims that the patent problem is being tackled by focusing on patent trolls and their favourite courts in the Eastern District of Texas



  26. Links 20/8/2015: Fedora 24 Plans, Ubuntu Phones in India

    Links for the day



  27. Blackmail and Lies From the Press and the Government of New Zealand Attempt to Sell to the Public a Deal That Broadens Patent Scope

    Corporate conquest or takeover of New Zealand culminates in empty promises from government officials and blackmail against citizens of New Zealand, especially the country's dairy industry



  28. Vista 10 Turns PCs Into Zombies: Microsoft to Remotely Delete Software From Windows, Like Amazon Deleted Books From Kindle

    Microsoft allows itself to remotely delete software from Vista 10 (not just Microsoft's software), as revealed by the mainstream media not too long after the failed launch (poor adoption so far)



  29. Black Duck Still Destroying, Lying, Rewriting History

    Black Duck is still carrying water for Microsoft and pretends to be working for 'Open Source', despite doing it much harm and doing nothing that is actually Open Source



  30. Ashley Madison Disaster Apparently the Fault of Microsoft Windows

    New reports serve to show that Ashley Madison's data which got leaked includes complete dump of corporate Windows passwords


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