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 18/12/2014: LinuxQuestions.org Polls, Fedora for POWER

    Links for the day



  2. Links 16/12/2014: Google and ODF, Civilization: Beyond Earth Comes to GNU/Linux

    Links for the day



  3. Bill Gates' Pet Troll Intellectual Ventures is Collapsing as Founder Quits

    Intellectual Ventures founder leaves after an exceptionally large round of layoffs, despite [cref 77299 recent subsidies from Sony and Microsoft]



  4. Keeping Software Patents Out of Europe Following the Demise of Software Patents in the US

    Instability in the EPO seemingly prevents further expansion of patent scope, which is the subject of scrutiny of EPO staff



  5. Links 15/12/2014: OSI 2014 Annual Report, GPLv2 Court Test

    Links for the day



  6. Links 14/12/2014: Calligra 2.9 Beta, Krita 2.9 Beta

    Links for the day



  7. Software Patents Are Dying in the US, But Patent Lawyers Refuse to Admit It

    Patent lawyers continue to distort the reality of software patents' demise in the United States



  8. Links 13/12/2014: Android Wear “Lollipop”, European Commission and FOSS

    Links for the day



  9. Time to Take Microsoft Out of British Aviation Before Planes Crash Into Buildings

    London's mighty Heathrow Airport among those affected by a Microsoft-reliant air traffic control system which is not being able to properly recover from an outage, and not for the first time either



  10. News From France and Germany: Battistelli Under Fire, But Not Fired Yet, Just Firing His Opposition

    The régime headed by Benoît Battistelli and his criminal deputy continues to overthrow or pressure out everyone who is not 'loyal' to the régime



  11. Links 12/12/2014: Linux++, KDE Frameworks 5.5.0, Calligra 2.8.7

    Links for the day



  12. The USPTO is Broken: New Evidence Presented

    The scope of patents, as evidenced by some statistical figures and individual patents, shows that the USPTO is broken and must be reformed or dismantled



  13. US Patent Reform (on Trolls Only) More or Less Buried or Ineffective

    An update on efforts to reform the patent system in the United States, including the possibly imminent appointment of Michelle Lee to USPTO leadership role



  14. Software Patents in Canada Not Dead Yet

    Canada's patent status quo increasingly like that of the United States and Canadian giants like BlackBerry now pose a threat to software developers



  15. Dreaming of a Just Christmas: When a Third of EPO Walks Out to Revolt and European Judges Attack the EPO Over Abuses

    Information about the abuses of Battistelli et al. at the EPO are finally receiving wider coverage and increasing the strain on Battistelli's authoritarian reign



  16. Links 11/12/2014: Red Hat Enterprise Linux 7.1 Beta, Firefox 35 Plans

    Links for the day



  17. Ubuntu Core Announcement is Not About Microsoft and Hosting Ubuntu on Azure is Worse Than Stupid

    The power of media spin makes the idea of hosting Free software under the control of an NSA PRISM and back doors partner seem alluring



  18. France Gets Involved in Battistelli's Abuses in the EPO - Part XII (Updated)

    The EPO scandal has officially spilled over to France, where a French Senator got involved and starts asking serious questions



  19. Rolling of Heads Likely Imminent at EPO

    The European patent system is shaking as management breaks the rules, staff is protesting against the management every week, and charges of corruption resurface



  20. Links 11/12/2014: systemd 218, Empire Total War

    Links for the day



  21. Links 10/12/2014: Fedora 21, Ubuntu Core

    Links for the day



  22. Links 9/12/2014: Fedora 21 and Torture Report Are Out

    Links for the day



  23. Exclusive: The Enlarged Board of Appeal Complains About Battistelli's Corrupt Management to the Administrative Council (Updated)

    Text of the complaint from the Enlarged Board of Appeal (EBoA) reaches Techrights, demonstrating just how rampant the abuse in Battistelli's EPO has become



  24. Protests Against EPO Corruption Approach 1,000 in Attendance

    EPO staff at all levels is revolting against the management of the EPO, whose dismissal seems to be only a matter of time



  25. Links 9/12/2014: Greg Kroah-Hartman Interview, Fedora 21 Imminent

    Links for the day



  26. EPO Staff Protests Today and Protested Last Week, Targeting Corruption in the Institution

    PO staff is demonstrating against abuse by the management of the EPO, today we well as in prior days



  27. Links 7/12/2014: New Linux Release, Marines and Prisoners on GNU/Linux

    Links for the day



  28. EPO Scandal: Benoît Battistelli's Arrogance Recognised by European Delegations

    Battistelli’s Nixon moment and the evasive nature of his approach towards external delegations that are troubled by his behaviour



  29. CBS Brushing Aside and Away Microsoft's History of Blackmail and Bribes Against Linux

    Putting in context some of the poor reporting (or whitewash) regarding Microsoft's bribe (disguised as "partnership") to Barnes & Noble



  30. Links 7/12/2014: Typhoon Hagupit, AURORAGOLD

    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