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 in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

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. IRC Proceedings: Tuesday, December 01, 2020

    IRC logs for Tuesday, December 01, 2020



  2. The World is Ill

    Not only Europe's second-largest institution (the EPO) is morbidly if not critically ill; the OSI is now a zombie controlled by Microsoft and friends, much like the so-called 'Linux' Foundation



  3. Censored EPO Publication: Staff Representatives Cannot Comment on the Survey Conducted by the Office's Management

    EPO management tried to muzzle EPO staff after the Office-wide staff survey turned out to be “nothing short of a disaster.”



  4. Censorship at the EPO is Counterproductive, Rendering the Censored Publications More Seductive and Censored People More Disgruntled

    The efforts to gag Techrights or to intimidate us have all been unfruitful; in a sense, they encouraged us to focus on EPO scandals even more and arguably invoked the 'Streisand Effect' at the EPO (most workers read this site, no matter what their bosses say)



  5. EPO Management Has No Plans Other Than Granting Loads of Invalid Patents (e.g. Software Patents) to Pocket Fees and Then Grift/Gamble With the Money

    The EPO does not know what the hell it’s doing; it’s more of that magical festival-like thinking, as if running a patent office is Eurovision



  6. Links 1/12/2020: KDE Plasma 5.20.4, GNU Octave 6.1, OpenZFS 2.0, and PinePhone KDE Community Edition

    Links for the day



  7. [Meme] Public Servants Who Only Serve Themselves and Their Predecessors (Who Gave Them the Job)

    The Benoît Battistelli-appointed António Campinos (an old friend of his) isn’t just covering up the EPO‘s financial scams but contributes to these; when will this house of cards (arse-covering) fall and will that take a special (independent) investigator?



  8. Censored EPO Publication: Battistelli Can Have His Multi-Billion Euro EPO Scam, So Why Can't Campinos Too?

    Mr. Campinos, seeing what Mr. Battistelli has managed to get away with (the Commission approves, having been infiltrated by friends of the ringleaders), piggybacks or follows the steps of his appointer by blasting almost a billion euros on a worthless project with no real purpose and the Central Staff Committee (CSC) warns it has "very high risk of mismanagement and fraud"



  9. Staff Representation of the EPO Explains to EPO Management That It's Breaking the Law, Robbing the Staff, and Lying to Staff

    Human rights, basic dignity and labour protections of EPO staff are routinely violated and the staff is also being robbed based on false pretenses; the staff representatives write to refute "[t]he Office’s report [which] has been made available on the Intranet"



  10. European Commission's Thierry Breton Covers Up EPO Corruption For His Friend Benoît Battistelli

    Thierry Breton is the sort of official who causes people to vote for Brexit (or similar exits from the EU); he’s enthusiastically defending EPO corruption and he also calls for constitutional violations in many member states — all in the name of patent maximalism (Team UPC’s coup attempt)



  11. IRC Proceedings: Monday, November 30, 2020

    IRC logs for Monday, November 30, 2020



  12. Links 30/11/2020: GhostBSD 20.11.28, Nitrux 1.3.5, Linux 5.10 RC6, GNOME Circle, Microsoft Collapses Again in Web Server Share

    Links for the day



  13. Alternatives to the World Wide Web, to HTML, to HTTP/S, and to the Internet

    Looking around the Web (yes, the Web) for alternatives to the Web (and the stack underneath the Web), we're finding that IPFS is mature and robust enough for our needs



  14. Management of the EPO Dragged to the International Labour Organisation Over Its Assault on the Right to Strike

    Opinion on strikes challenged by the Central Staff Committee of Europe's second-largest organisation; if strike rights are almost abolished there, what hope is there for the rest of Europe?



  15. [Meme] Management of the EPO Cannot Let the Staff Breathe or Smell Freedom

    Working for the EPO means giving up on one’s human rights; that’s the sort of conclusion many workers have reached



  16. “ViCo” is Nothing New (Not Even the Acronym), Done on 9/11 Last Year, Been Possible as Long as the EPO Has Existed

    Contrary to what many people are led to believe, the EPO isn't embracing innovation, it's just embracing COVID-19 and leveraging lock-downs (de facto house arrest to some) to impose an illegal practice on EPO staff and EPO stakeholders



  17. Release: Early Letters and Documents About Financial Hoax Disguised as EPO 'Study'

    It was over a year ago that staff representation at the EPO expressed concerns about what would later enrage workers — seeing that based on unscientific fabrications the EPO would take away what had been promised to them



  18. IRC Proceedings: Sunday, November 29, 2020

    IRC logs for Sunday, November 29, 2020



  19. Managing IP: Puff Pieces Galore for the EPO's Dictatorship (Complete With Buzzwords and PR Stunts)

    By giving a platform to notorious patent trolls and ‘engaging’ with the EPO‘s dictator (whom only 3% of EPO staff trusts) Managing IP is sort of giving away its real agenda, which isn’t journalism but conducting or assisting misinformation campaigns



  20. Links 29/11/2020: Genode OS Framework 20.11, Linux 5.11 Kernel Changes, and Latest in KDE Itinerary

    Links for the day



  21. Sincere Thoughts About Outreachy

    Outreachy's role in the Free software community and inclusion in the FSF's High Priority Projects, as seen from the eyes of a female coder from a minority group; she used to work for the Free Software Foundation (FSF) and she expresses concerns about what Outreachy has become



  22. Free Software Under Tyranny of Codes of Conduct as the Western Equivalent of Blasphemy Law (Corporations as the New Religion/Sponsors as Deities)

    The free speech crisis in Free software communities has enabled expulsion of opinionated people whose opinions truly matter; in their place we now have companies that bomb people, sometimes even kidnapping children and sterilising women because nothing says “Ethics” like naked fascism and corporate domination everywhere



  23. Release: 4 More Documents and Letters About the Financial Siege at Europe's Second-Largest Institution

    Documents disputing the accuracy of the "hoax" from António Campinos and the Mercers



  24. One Year Ago: The Last EPO Demonstration Before COVID-19

    About a year ago staff of the EPO apparently had its last protest (in front of the Isar building) before staff got ‘herded’ into homes, where workers became more isolated and even illegally spied on



  25. [Meme] Unified Patent Court Agreement (UPCA) is an Attack on Europe and the European Businesses That Don't Do Litigation

    Litigation lawyers and patent zealots want to set Europe ablaze with legislation that they themselves crafted; thankfully, however, they face constitutional obstacles, no matter how many politicians they bamboozle and buy



  26. Reasons EPO Staff Decided to Go on Strike This Year (Before or Until Coronavirus Prevented It)

    An year-old letter from the Staff Union of the European Patent Office (SUEPO) to the President of the EPO; 7 reasons for going on strike are enumerated



  27. EPO Can Save Money by “Dropping Events Like the Inventor of the Year, Reducing the Number of Managers, Throwing Less Money at Consultants or Bringing the Boards of Appeal Back into Office Buildings.”

    Constructive suggestions from EPO staff, made just over a year ago and assembled into a letter to their EPO colleagues



  28. The Real Fate of the UPC 'Stunt' in Germany Will be Known Next Month (or Next Year) and There Are Substantial Constitutional Barriers in the Way

    Contrary to what Team UPC wants people to think, UPC(A) isn’t a “done deal” in Germany; they never actually addressed the substance of complaints and with help from Benoît Battistelli‘s friends in the Commission they’re just attempting a blatant coup



  29. Microsoft Removes Free Software From GitHub Again, This Time for Motion Picture Association (MPA)

    GitHub is proving to be more of a censorship site than a code-sharing site; with the GitHub takeover Microsoft became a 'censorship police' or force of occupation against its ideological competition; just weeks after the YouTube-DL debacle and further take-downs seeking to 'protect' broken DRM schemes (by banning code) we can see that Microsoft isn't defending developers at all; it's just protecting the interests of MPA, RIAA and other Biden circles from the interests of the general population, which sometimes circumvents perfectly circumventable 'DRM' schemes



  30. IRC Proceedings: Saturday, November 28, 2020

    IRC logs for Saturday, November 28, 2020


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

Recent Posts