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

09.23.13

Site ‘Patent Progress’ Focuses on Patent Trolls, Not Software Patents

Posted in Patents at 4:07 am by Dr. Roy Schestowitz

Government Accountability Office

Summary: Analysis of the stance of a site which purports to be achieving “patent progress”

Following the GAO study which blames software patents we have been watching with interest how patent boosters warped its conclusions. That’s only to be expected. Lawyers — especially patent lawyers — don’t want to see patent scope being limited.

Several months ago I subscribed with caution to the site called Patent Progress — a site run by “legal” people on the face of it. These are the sorts of people who under the wing of the EFF have been warping somewhat the goal of banning software patents, choosing instead to focus on “bad” patents or patent trolls.

Based on some posts that allude to the GAO study, the people who run Patent Progress want to focus on trolls and not patent scope. This recent post from the Patent Progress blog makes it quite apparent and although the views may depend based on who writes the post, it does seem like prominent (prolific) writers over there continue to obsess over trolls. To quote:

Predatory pricing is the strategy of pricing goods or services below cost in the hopes of driving competitors out of the market and then raising prices to supra-competitive levels. Hovenkamp notes that like predatory pricing, bottom feeder trolls will litigate patent infringement cases even when they are likely to lose in order to generate a reputation for aggressive litigation. In fact, patent trolls have been found to use the same patents over and over again (8 or more times) despite only winning less than 10% of these cases. Once the reputation is established, defendants can no longer rely on patent trolls rationally deciding to drop loser lawsuits and must calculate the costs of litigating a full trial in making the decision to settle. Hovenkamp calls this strategy of short run losses to generate supra-competitive licensing fees predatory patent litigation.

Patent Progress has done some protesting which covers software patents, but the focus of the site seem to align with the sort of reform sought by Google and other large corporations. To them, patent trolls are the problem which merits most emphasis.

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

A Single Comment

  1. Needs Sunlight said,

    September 23, 2013 at 5:38 am

    Gravatar

    That’s rather a deadly mistake for the EFF to wander down that path. The number of “bad” software patents is nearly infinite while the amount of money and staff available to fight them is very scarce. From a conference presentation (I can’t find it) from about 10 years ago, the amount of money needed to overturn a software patent, was on the order of $4 million USD *per patent*. Here an ounce of prevention is certainly worth a pound of cure.

    To make matters worse, the patents are often held by shell companies so there are no assets to recover in the case the shell company loses. When one loses, the parent just folds the shell company and spawns two more. IV and other trolls own thousands each.

    If “Patent Progress” serves to drag the EFF and the community at large into a protracted, expensive game of whack-a-mole against software patents, the money will be all gone for nothing. The EFF should not fall for this mistake / deception. If it is an oversight due to ignorance, the EFF can turn “Patent Progress” around and get their help in going after the root cause, software patents themselves. If it is not an oversight, but an intentional act of deception, then the EFF should help shut them down and get the community to cut off funding.

What Else is New


  1. Links 24/10/2014: Microsoft Tax Axed in Italy, Google's Linux (ChromeOS/Android) Leader Promoted

    Links for the day



  2. Links 24/10/2014: GNU/Linux History, Fedora Delay

    Links for the day



  3. Links 23/10/2014: New *buntu, Benchmarks

    Links for the day



  4. Links 22/10/2014: Chromebooks Surge, NSA Android Endorsement

    Links for the day



  5. Links 21/10/2014: Debian Fork Debate, New GNU IceCat

    Links for the day



  6. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  7. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  8. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")



  9. The Problems With Legal Workarounds, Patent Scope, and Expansion of Patent Trolls to the East

    Patent trolls are in the news again and it's rather important, albeit for various different reasons, more relevant than the ones covered here in the past



  10. Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Links for the day



  11. Links 20/10/2014: 10 Years Since First Ubuntu Release

    Links for the day



  12. How Patent Lawyers Analyze Alice v. CLS Bank

    Breaking down a patent lawyer's analysis of a Supreme Court's decision that seemingly invalidated hundreds of thousands of software patents



  13. Is It Google's Turn to Head the USPTO Corporation?

    The industry-led USPTO continues to be coordinated by some of its biggest clients, despite issues associated with conflicting interests



  14. The EPO's Public Relations Disaster Amid Distrust From Within (and EPO Communications Chief Leaves): Part VII

    Amid unrest and suspicion of misconduct in the EPO's management (ongoing for months if not years), Transparency International steps in, but the EPO's management completely ignores Transparency International, refusing to collaborate; the PR chief of the EPO is apparently being pushed out in the mean time



  15. Links 18/10/2014: Debian Plans for Init Systems, Tails 1.2

    Links for the day



  16. Links 18/10/2014: New ELive, Android Expansion

    Links for the day



  17. Another Fresh Blow to Software Patents (and With Them Patent Trolls)

    Another new development shows that more burden of proof is to be put on the litigant, thus discouraging the most infamous serial patent aggressors and reducing the incentive to settle with a payment out of court



  18. Links 16/10/2014: New Android, SSL 3.0 Flaw

    Links for the day



  19. How the Corporate Press Deceives and Sells Microsoft Agenda

    Various new examples of media propaganda that distorts or makes up the facts (bias/lies by omission/selection) and where this is all coming from



  20. Vista 10 is Still Vapourware, But We Already Know It Will Increase Surveillance on Its Users and Contain Malicious Back Doors

    The villainous company which makes insecure-by-design operating systems will continue to do so, but in the mean time the corporate press covers only bugs in FOSS, not back doors in proprietary software



  21. Links 15/10/2014: KDE Plasma 5.1 is Out, GOG Reaches 100-Title Mark

    Links for the day



  22. With .NET Foundation Affiliation Xamarin is Another Step Closer to Being Absorbed by Microsoft

    Xamarin is not even trying to pretend that separation exists between Microsoft and its work; yet another collaboration is announced



  23. The EPO's Protection Triangle of Battistelli, Kongstad, and Topić: Part VI

    Jesper Kongstad, Benoît Battistelli, and Zeljko Topić are uncomfortably close personally and professionally, so suspicions arise that nepotism and protectionism play a negative role that negatively affects the European public



  24. Corporate Media Confirms the Demise of Software Patents in the United States; Will India and Europe Follow?

    It has become increasingly official that software patents are being weakened in the United States' USPTO as well as the courts; will software leaders such as India and Europe stop trying to imitate the old USPTO?



  25. Links 14/10/2014: CAINE 6, New RHEL, Dronecode

    Links for the day



  26. Microsoft's Disdain for Women Steals the Show at a Women's Event

    Steve Ballmer's successor, Satya Nadella, is still too tactless to lie to the audience, having been given --through subversive means -- a platform at a conference that should have shunned Microsoft, a famously misogynistic company



  27. SCOTUS May Soon Put an End to the 'Copyrights on APIs' Question While Proprietary Giants Continue to Harass Android/Linux in Every Way Conceivable

    Google takes its fight over API freedom to the Supreme Court in the Unites States and it also takes that longstanding patent harassment from the Microsoft- and Apple-backed troll (Rockstar) out of East Texas



  28. Patent Lawsuits Almost Halved After SCOTUS Ruling on 'Abstract' Software Patents

    The barrier for acceptance of software patent applications is raised in the United States and patent lawsuits, many of which involve software these days, are down very sharply, based on new figures from Lex Machina



  29. Links 13/10/2014: ChromeOS and EXT, Debian Resists Systemd Domination

    Links for the day



  30. Links 12/10/2014: Blackphone Tablet, Sony's Firefox OS Port

    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