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

05.28.15

The Supreme Court of the United States Helps Patent Trolls

Posted in America, Law, Patents at 5:44 am by Dr. Roy Schestowitz

Fly

Summary: In an unforeseen kind of ruling, the same court which slapped down a lot of software patents last year is now legitimising the actions of a patent troll

Joe Mullin wrote about Patent Troll Tracker quite some time before he became a widely-recognised journalist focusing on patent trolls and some other patent-related matters. Patent Troll Tracker was later ousted with a bounty on his head (coming from a patent troll). Patent Troll Tracker was a patent lawyer from Cisco, which had attracted many trolls to it. Based on this new report from Mullin, Cisco has just lost to a troll at SCOTUS level (the highest possible level, which is also expensive). As Mullin put it: “The Supreme Court issued a ruling (PDF) today in Commil USA v. Cisco Systems, one of two patent cases it heard this term. On one key issue, the opinion favors Commil, a “patent troll” that won a $64 million jury verdict against Cisco. But other findings mean that the non-practicing entity won’t be getting a payday any time soon—and a final section of the opinion is wholly dedicated to reminding judges to sanction misbehaving patent plaintiffs, something that didn’t even come up in this case.

“In the Commil USA v. Cisco Systems case, a 6-2 majority of justices held that defendants in patent cases can’t evade claims of “induced infringement” by arguing they had a “good faith belief” the patent was invalid. That overturns an appeals court decision favoring Cisco. Justice Stephen Breyer was recused from the case.”

This is very bad because only one year after the Alice case we are now seeing SCOTUS leaning in favour of patent trolls, not just rubbish patents. SCOTUS is, in some sense, feeding the trolls here.

“Stop Feeding the Patent Trolls,” says the headline of a new article, explaining: “At AngelList, we’ve spent the last several years creating a platform for startups and founders to connect with their peers, secure seed investments and recruit employees. We’re passionate about what we do, which is why it’s all the more upsetting to see fledgling businesses continue to take unnecessary and costly hits from greedy patent trolls.

“What SCOTUS has just done is only going to further legitimise trolls.”“For years, patent litigation has drained small businesses of resources that would otherwise be used for research, investment and job creation. Specifically, flaws and loopholes in the current law allow patent assertion entities (PAEs), also known as patent trolls, to exploit the system and claim rights to patents without ever having made a product or provided a service to any customers. Congress’ inaction has led to billions of dollars spent on frivolous patent suits, needlessly costing the economy and consumers.”

There is then a reference to the PATENT Act, which only tackles small trolls but not big trolls. “The Protecting American Talent and Entrepreneurship Act of 2015,” says the author, “is sponsored by both sides of the aisle, including Senators Grassley, Leahy, Cornyn, Schumer, Lee, Hatch and Klobuchar.” It is also sponsored by the large corporations that are funding these politicians.

Let it be clear that patent trolls truly are an issue, but they are not the only issue and they benefit from the vast extent of patents on software. Various sites that focus on patent trolls (and patent trolls only) amplify the claims of those famed academics who focus only on trolls, for example Michael Meurer and Bessen. As Matt Levy put the situation, it was “Bessen that estimated that NPEs cost U.S. businesses at least $29 billion dollars in 2011.” Levy previously related a SCOTUS approval of Form 18 abandonment to patent trolls. 9 days ago he wrote: “In a blog post last year, I wrote about about the prolific patent troll eDekka, which filed well over 100 complaints in 2014. Not one of them gave any useful information to the defendants. Most of the complaints were filed in the Eastern District of Texas.”

Eastern District of Texas is where a lot of patent trolls operate from and the environment sure became fertile for their racketeering. What SCOTUS has just done is only going to further legitimise trolls.

IP Troll Tracker (not to be confused with Patent Troll Tracker) recalls one of the most notorious trolls out there, Erich Spangenberg, saying that there is alarming embellishment of what trolls like him are doing. “In another alarming chapter of the “saved from a troll by a troll” play book,” she writes, “Jump Rope misses the rope itself and jumps straight into bed with Erich Spangenberg. Like Ditto before him, Mr. Braxton of Jump Rope found himself in the unfortunate position of having to take investment money from one of the founders of the business model that put his company in jeopardy to begin with.”

Here is Mike Masnick at TechDirt put it: “The story tries to play this out like a “patent troll done good,” but it’s horrifying. It’s one patent troll beating up on a startup, and then allowing a second one to come in and vulture up the leftovers. It’s certainly not good for innovation in any way.”

One might expect patent trolls to be vilified or cracked down on by now, but even the SCOTUS helps them these days. Some of the media paints them as innovators and some as saviors. Actions are now judged by the actor’s size, not the action.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Google Bookmarks

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. Links 12/7/2020: KDE Plasma 5.20 Preview and Elive 3.8.14 Beta

    Links for the day



  2. [Humour] The 'Orange One' Does Not Respect Judges Either

    More than two years after taking over the European Patent Office (EPO) António Campinos has done absolutely nothing to restore judicial independence of the Boards of Appeal of the EPO



  3. The Systemd Song

    Speak out about IBM's strategy before we're all using GNU/Linux distros 'barcoded' with systemd



  4. Monopoly (or Vendor Lock-in) is Not Modularity

    IBM cannot totally control the kernel, Linux; IBM's control over GNU/Linux may be worth even more than what it paid for Red Hat as that's the key to overpriced support contracts and the general direction of development (important trends such as file systems and various low-level stacks)



  5. The Internet Archive Doesn't Forget, Whereas the Internet and the Web Forget Very Fast

    World Wide Web history is grossly undervalued and preservation of such history (e.g. by the Wayback Machine) is taken for granted by far too many people; the robber barons of today benefit the most from erosion of collective memory as they get to rewrite the past to suit their present and future interests



  6. Environmentalism and Free Software Can be Viewed as Closely Connected and Help One Another

    Modest lifestyles are an overlapping pattern in the Free software community and green activists; there's room for alliances and collaboration, bettering society by reducing consumption and discouraging voyeurism



  7. Free (as in Freedom) Software + Social Control Media ≠ Free Speech

    Speaking through middlemen and private platforms is bad enough (that gives others unjust power over speech); to claim that because the underlying platform is free/libre software it therefore becomes a non-issue is also dishonest



  8. António Campinos: President or Quasi-Autocratic Corporate Puppet?

    The culture of oppression — and censorship of evidence of oppression — is what today’s EPO is all about; the EPO learned how to better avoid (or block) negative publicity without actually changing its ways; and due to unprecedented speech restrictions you won’t hear that from SUEPO



  9. The Media Continues to Ignore Corruption of António Campinos

    António Campinos has Croatian scandals on his lap; the obedient media, however, refuses to even talk about it (or uses COVID as an excuse to write nothing on the subject, as some journalists have told us)



  10. A Call for Patent Sanity

    The public's call for reform is motivated by improved understanding of today's debased patent system and how out-of-order (detached from its original mission statement) it has gotten; patent maximalism, if it does not completely unravel this whole system, severely discredits it



  11. Declassified US Army Field Manuals Explain Microsoft's Public Relations Strategy (Similar to Selling Imperialism to the Occupied)

    The misuse of public broadcast to brainwash the public is well understood and thoroughly exploited by both Microsoft and the Gates Foundation (which sells this ridiculous lie that the world’s richest people speak for and fight for the poorest, i.e. those impoverished by endless greed)



  12. IRC Proceedings: Friday, July 10, 2020

    IRC logs for Friday, July 10, 2020



  13. Links 11/7/2020: Slackel 7.3 Openbox, Kiwi TCMS 8.5, Librem 5 Dogwood Update 3

    Links for the day



  14. Education Without Free Software is Training or Indoctrination

    Kids need to decide for themselves what they want to do and what they wish to use when they grow up; schools need to provide general tools and the mental capacity to make good decisions (rather than make these decisions for the kids, sometimes at the behest of foreign monopolists)



  15. Links 10/7/2020: Wayland-Info, diffoscope 151 and Tor 0.4.4.2-alpha

    Links for the day



  16. European FRAND (Related to SEP) Proponent and Famed Programmer Comes to Realise That It's Actually a “Scam”

    Even people who have long promoted the practice of mandatory "licensing" (in effect patent tax one is unable to work around) are apparently changing their minds and their tune



  17. Not Even a Single Corporate Journalist Has Written Anything About These Very Important Bits of News (Updated)

    Constant propaganda from patent maximalists has long infested the media, which is sometimes controlled and even bribed to set the tone and the agenda; important developments are being tucked away and require very deep digging for ordinary citizens to find



  18. IRC Proceedings: Thursday, July 09, 2020

    IRC logs for Thursday, July 09, 2020



  19. Racism in Technology (and Who Typically Lectures Us About the Subject)

    Racism is a real problem; some approaches to tackling racism, however, can also be problematic and those who take the lead 'on behalf' of victims tend to be opportunistic and privileged few (piggybacking others' grievances to further advance their financial agenda)



  20. Links 10/7/2020: Debian 8 Long Term Support EOL, Mobian Project, Mesa 20.1.3

    Links for the day



  21. [Humour] COVID-19 is Very, Very Afraid of Human Beings Making More Monopolies Instead of Fighting Together

    The European Patent Office (EPO) to the rescue! Fighting a dangerous pandemic one profitable monopoly at a time!



  22. The News is Never 'Slow', It's Just Journalism That's Slowing Down (and Investigative Journalism Coming Under Attack)

    A mix of censorship and subtle mind control contribute to misinformed societies that shape their perception or misunderstanding of the world based on false measures of authority (where money can determine what is true and what is untrue); many topics remain completely untouched, leading to apathy in a vacuum; it's very much applicable to international organisations, which are presumed benign by virtue of being multi-national or supranational



  23. Social Control Media is About Social Control and If It Doesn't Ban You It'll Shut Down Everyone's Account (One Day)

    It’s time to leave the ‘Internet rot’ which is social control media well behind us; blogging and RSS/XML may seem like a thing of the past, but they may as well become the future (again; if we make the correct and informed choices)



  24. Microsoft's Fingers in Every Pie: The Cult Mentality That Society Needs to Become Wary of

    Microsoft and its co-founder (pretending to do his for-profit 'charity' via the Gates Foundation) are trying to control the world; in the process they've moved to control even their most potent competitor, according to Gates himself, which is GNU/Linux



  25. Links 9/7/2020: Google’s Open Usage Commons, GNOME 3.36.4, Neptune 6.5

    Links for the day



  26. IRC Proceedings: Wednesday, July 08, 2020

    IRC logs for Wednesday, July 08, 2020



  27. Links 8/7/2020: SUSE to Acquire Rancher Labs, Btrfs as Default in Fedora, Qt Creator 4.12.4

    Links for the day



  28. Yes, Master

    When the Linux Foundation tells us to tone down our language we ought to remember what kind of hypocritical stance these people have (note: the above have nothing to do with slavery, either)



  29. Fraunhofer is Again Evergreening Software Patents to Maintain Its Codecs Cartel, Forcing Everyone to Pay to View/Stream Multimedia Files

    The roller-coaster of software patents on multimedia isn't stopping; we know the culprits who can be named for perpetuating this injustice



  30. [Humour/Meme] Focusing on the Bombings and Who's Included in the Bombings

    Supremacist agenda disguised as "tolerant and inclusive" is still objectionable supremacist agenda


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