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

03.23.16

Focus on Patent Trolls Persists, With Increasing Use of Euphemisms Such as NPEs and PAEs

Posted in Patents at 9:50 am by Dr. Roy Schestowitz

From IAM’s Web site (NPE 2016 could be crudely called Patent Trolls 2016)

NPE 2016

Summary: The debate about patent trolls (not patent scope) carries on in the media and events that improve the image of trolls are being organised by some of the media (paid by these trolls)

PATENT trolls are a big problem, but they are also a symptom of a much broader problem, notably software patents which can target a whole lot of companies that don’t manufacture things, e.g. online retailers.

IAM, which receives money from patent trolls, says that “legislation [...] balanced between patent owners and users of IP” (what about the public? Externality?) when it writes about patent reform. IAM currently organises and runs an annual event for patent trolls, who paid IAM to set this up (they are partying like patent trolls and getting flak from critics). Watch what guests they attract. If one makes a living by just passing around patents and threatening companies, that’s no constructive career. It’s parasitic and it injures the reputation of legitimate companies and legitimate patents. IAM itself doesn’t seem to recognise software patents when it sees them, or hosts those who use an old line (“We don’t rely on any patents that are purely software patents” or “Patents are such emotional things, people have this emotional barrier that they’re paying for nothing”).

“If one makes a living by just passing around patents and threatening companies, that’s no constructive career.”“What licensees are not paying for is solutions,” wrote Florian Müller in response to the above, “normally don’t need to read patent docs to solve software problems.” He later took note of patent trolls as proxies, alluding to the latest from Unwired Planet, which trolls Europe (Microsoft also does it, e.g. Intellectual Ventures). This is not OK. An articles roundup from Jim Lynch put it like this: “Microsoft has long sought to build credibility with the open source community, but it continues to shoot itself in the foot by forcing companies to pay for its Android patents. This has led some in the open source community to remain sour on Microsoft and its business practices.”

Intellectual Ventures is attacking Android too, not just Microsoft (the headline “Microsoft still forces companies to pay for its Android patents” could be expanded to “Microsoft and its patent trolls still force companies to pay for alleged Android patents”).

“It’s parasitic and it injures the reputation of legitimate companies and legitimate patents.”The EFF, in the mean time, speaks about the Venue Act these days (it tackles patent trolls, but not software patents), getting the attention of pro-patents sites like MIP and also patent sceptics like TechDirt. One side says that “US Senators Flake, Gardner and Lee have introduced the Venue Equity and Non-Uniformity Elimination (Venue) Act. The bill aims “to ensure that venue in patents cases is fair and proper”. The latter side says:

Patent reform is a constant legislative topic, even though what passes for reform generally tends to be heavily-watered down by the time it moves out of the House or Senate. One of the most abused areas of patent litigation is venue selection. Small towns in East Texas have become hosts to parasitic lifeforms known as “Non-Practicing Entities” — shell companies whose only product/service is litigation.

Jason Rantanen, guest posting at PatentlyO, suggests eliminating venue shopping might be a compromise parties involved in patent reform might be able to unite behind. Presumably, this means legislators, rather than patent trolls, who aren’t going to be willing to give up the “home field” advantage that easily. The problems with the current venue-shopping system are laid out by Rantanen in this sentence.

We don’t think this would ever be sufficient because patent trolls can endure all sorts of courts. With the UPC, for instance, some time soon they might be able to also troll companies all over Europe with just one legal case in a software patents-friendly German court.

“They used to speak about software patents, but corporate pressure seems to have changed that.”Professor Mark Lemley, an academic who often bemoans patent trolls, has just highlighted this new paper from John Allison, adding: “My latest study shows PAEs almost never win patent suits. Neither do software patentees, practicing or not.”

PAEs is a euphemism for particular types of trolls, such as Unwired Planet above (it’s effectively like a legal firm for Ericsson and it has gone on for years). The paper’s abstract says: “Much of the policy debate over the patent system has focused on the perceived problems with non-practicing entities (NPEs), also called patent trolls. Drawing on a comprehensive data set we built of every patent lawsuit filed in 2008 and 2009 that resulted in a ruling on the merits, we find that the situation is rather more complicated than simply operating companies vs. NPEs. While operating companies fare better in litigation than NPEs overall, breaking NPEs into different categories reveals more complexity. Patent Assertion Entities (PAEs) in particular win very few cases. Further, once we remove certain pharmaceutical cases from the mix, no patent plaintiff fares very well. That is particularly true of software, computer, and electronics patents.”

It is still rather worrying that not only the media but academia too (not to mention activism of EFF) focuses so much on patent trolls rather than patent scope. They used to speak about software patents, but corporate pressure seems to have changed that.

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. Links 18/9/2019: Fedora Linux 31 Beta, PCLinuxOS 2019.09 Update

    Links for the day



  2. Links 17/9/2019: CentOS 7.7 and Funtoo Linux 1.4 Released

    Links for the day



  3. EPO is Not European

    Internationalists and patent trolls are those who stand to benefit from the 'globalisation' of low-quality and law-breaking patents such as patents on algorithms, nature and life itself; the EPO isn't equipped to serve its original goals anymore



  4. The EPO's Central Staff Committee and SUEPO (Staff Union) Respond to “Fascist Bills” Supported by EPO President António Campinos

    Raw material pertaining to the latest Campinos "scandal"; what Campinos said, what the Central Staff Committee (CSC) said, and what SUEPO said



  5. Storm Brewing in the European Patent Office After a Hot Summer

    Things aren't rosy in EPOnia (to say the least); in fact, things have been getting a lot worse lately, but the public wouldn't know judging by what media tells the public (almost nothing)



  6. Why I Once Called for Richard Stallman to Step Down

    Guest post from the developer who recently authored "Getting Stallman Wrong Means Getting The 21st Century Wrong"



  7. As Richard Stallman Resigns Let's Consider Why GNU/Linux Without Stallman and Torvalds Would be a Victory to Microsoft

    Stallman has been ejected after a lot of intentionally misleading press coverage; this is a dark day for Software Freedom



  8. Links 16/9/2019: GNU Linux-libre 5.3, GNU World Order 13×38, Vista 10 Breaks Itself Again

    Links for the day



  9. Links 16/9/2019: Qt Quick on Vulkan, Metal, and Direct3D; BlackWeb 1.2 Reviewed

    Links for the day



  10. Richard Stallman's Controversial Views Are Nothing New and They Distract From Bill Gates' Vastly Worse Role

    It's easier to attack Richard Stallman (RMS) using politics (than using his views on software) and media focus on Stallman's personal views on sexuality bears some resemblance to the push against Linus Torvalds, which leans largely on the false perception that he is sexist, rude and intolerant



  11. Links 16/9/2019: Linux 5.3, EasyOS Releases, Media Backlash Against RMS

    Links for the day



  12. Openwashing Report on Open Networking Foundation (ONF): When Open Source Means Collaboration Among Giant Spying Companies

    Massive telecommunications oligopolies (telecoms) are being described as ethical and responsible by means of openwashing; they even have their own front groups for that obscene mischaracterisation and ONF is one of those



  13. 'Open Source' You Cannot Run Without Renting or 'Licensing' Windows From Microsoft

    When so-called ‘open source’ programs strictly require Vista 10 (or similar) to run, how open are they really and does that not redefine the nature of Open Source while betraying everything Free/libre software stands for?



  14. All About Control: Microsoft is Not Open Source But an Open Source Censor/Spy and GitHub/LinkedIn/Skype Are Its Proprietary Censorship/Surveillance Tools

    All the big companies which Microsoft bought in recent years are proprietary software and all of the company’s big products remain proprietary software; all that “Open Source” is to Microsoft is “something to control and censor“



  15. The Sad State of GNU/Linux News Sites

    The ‘media coup’ of corporate giants (that claim to be 'friends') means that history of GNU/Linux is being distorted and lied about; it also explains prevalent lies such as "Microsoft loves Linux" and denial of GNU/Free software



  16. EPO President Along With Bristows, Managing IP and Other Team UPC Boosters Are Lobbying for Software Patents in Clear and Direct Violation of the EPC

    A calm interpretation of the latest wave of lobbying from litigation professionals, i.e. people who profit when there are lots of patent disputes and even expensive lawsuits which may be totally frivolous (for example, based upon fake patents that aren't EPC-compliant)



  17. Links 15/9/2019: Radeon ROCm 2.7.2, KDE Frameworks 5.62.0, PineTime and Bison 3.4.2

    Links for the day



  18. Illegal/Invalid Patents (IPs) Have Become the 'Norm' in Europe

    Normalisation of invalid patents (granted by the EPO in defiance of the EPC) is a serious problem, but patent law firms continue to exploit that while this whole 'patent bubble' lasts (apparently the number of applications will continue to decrease because the perceived value of European Patents diminishes)



  19. Patent Maximalists, Orbiting the European Patent Office, Work to 'Globalise' a System of Monopolies on Everything

    Monopolies on just about everything are being granted in defiance of the EPC and there are those looking to make this violation ‘unitary’, even worldwide if not just EU-wide



  20. Unitary Patent (UPC) Promotion by Team Battistelli 'Metastasising' in Private Law Firms

    The EPO's Albert Keyack (Team Battistelli) is now in Team UPC as Vice President of Kilburn & Strode LLP; he already fills the media with lies about the UPC, as one can expect



  21. Microsoft Targets GNU/Linux Advocates With Phony Charm Offensives and Fake 'Love'

    The ways Microsoft depresses GNU/Linux advocacy and discourages enthusiasm for Software Freedom is not hard to see; it's worth considering and understanding some of these tactics (mostly assimilation-centric and love-themed), which can otherwise go unnoticed



  22. Proprietary Software Giants Tell Open Source 'Communities' That Proprietary Software Giants Are 'Friends'

    The openwashing services of the so-called 'Linux' Foundation are working; companies that are inherently against Open Source are being called "Open" and some people are willing to swallow this bait (so-called 'compromise' which is actually surrender to proprietary software regimes)



  23. Microsoft Pays the Linux Foundation for Academy Software Foundation, Which the Linux Foundation is Outsourcing to Microsoft

    Microsoft has just bought some more seats and more control over Free/Open Source software; all it had to do was shell out some 'slush funds'



  24. Links 14/9/2019: SUSE CaaS Platform, Huawei Laptops With GNU/Linux

    Links for the day



  25. Links 13/9/2019: Catfish 1.4.10, GNOME Firmware 3.34.0 Release

    Links for the day



  26. Links 12/9/2019: GNU/Linux at Huawei, GNOME 3.34 Released

    Links for the day



  27. Links 12/9/2019: Manjaro 18.1 and KaOS 2019.09 Releases

    Links for the day



  28. EPO: Give Us Low-Quality Patent Applications, Patent Trolls Have Use for Those

    What good is the EPC when the EPO feels free to ignore it and nobody holds the EPO accountable for it? At the moment we're living in a post-EPC Europe where the only thing that counts is co-called 'products' (i.e. quantity, not quality).



  29. Coverage for Sponsors: What the Linux Foundation Does is Indistinguishable From Marketing Agencies' Functions

    The marketing agency that controls the name "Linux" is hardly showing any interest in technology or in journalism; it's just buying media coverage for sponsors and this is what it boils down to for the most part (at great expense)



  30. Watch Out, Linus Torvalds: Microsoft Bought Tons of Git Repositories and Now It Goes After Linux

    Microsoft reminds us how E.E.E. tactics work; Microsoft is just hijacking its competition and misleading the market (claiming the competition to be its own, having "extended" it Microsoft's way with proprietary code)


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