Bonum Certa Men Certa

US Patent Trolls Epidemic and Microsoft/Intellectual Ventures' Latest Contribution to That

'Managing' the competition using software patents...

Bill and Nathan



Summary: Some of the latest developments in the United States, where the number of lawsuits is high, potency of software patents is on the decline (at the courts at least), and Microsoft too explores the potential of patent extortion, just like patent trolls (shown above are Bill and Nathan, two close friends from Microsoft and Intellectual Ventures, respectively, although there are strong connections and clear financial overlap)

"Out of the 47 patent lawsuits filed today, 37 were filed by patent trolls," said United 4 Patent Reform (that makes it 79% of lawsuits). No doubt it's a big issue, but how many of these were using software patents, which the USPTO loves so much in spite of court rulings?



"That's a lot of lawsuits and it doesn't even count any of the secret settlements, which not only patent trolls are reaching with their victims but also companies like Microsoft sign as a form of covert attack on Linux."Is the patent bubble bursting or is this just premature optimism? According to the patent maximalists from IAM, who have a patents review for 2015 (composed by patent lawyers) and some Asian angle (sanitised as usual): "The number of patent litigation cases in the US dropped dramatically in the first three months of this year, reaching levels not seen since 2011 – the year when the America Invents Act was signed into law. A total of 947 new patent lawsuits were filed between January and March, according to data from Unified Patents, down from 1,554 in the fourth quarter of 2015. That is the lowest number since the third quarter of 2011 when 924 new cases were filed."

That's a lot of lawsuits and it doesn't even count any of the secret settlements, which not only patent trolls are reaching with their victims but also companies like Microsoft sign as a form of covert attack on Linux. Incidentally, new potential patent attacks from Microsoft against Linux have been brought to our attention a couple of hours ago. Having destroyed Yahoo, Microsoft now wants its patents (just like Novell with CPTN). Not too long ago an article from BI, citing News Corp. (more of a tabloid in this case), claimed: "The report said that companies like Microsoft, Amazon, Salesforce, and LinkedIn have been closely following Yahoo's sales process because they realize the intrinsic value of the company's massive patent portfolio, which includes 6,000 intellectual properties in the field of mobile, data, and advertising technology."

We already saw how Microsoft weaponised MOSAID (since then renamed to Conversant, an IAM sponsor) using Nokia's patents, after Microsoft had hijacked Nokia. This too was an attack on Linux, e.g. in Android and ChromeOS form (distribution).

"Having destroyed Yahoo, Microsoft now wants its patents (just like Novell with CPTN)."As we noted a bunch of days ago, the Supreme People’s Court of China is increasingly concerned about what goes on in the patent litigation space (China is about as lenient as the US when it comes to patent examination) and MIP has just written a new report about it. Writing about PTAB, the Patent Trial and Appeal Board which is invalidating a lot of software patents these days, MIP says that it is "likely help to reduce the rate of institution of trials" and that the "USPTO dropping a proposed pilot programme" (the USPTO is an obstacle to any form of change that jeopardises near-zero quality control).

It sure looks as though right now the US remains too ripe a platform for patent trolls and extortion because of software patents, ease of litigation (including preferential venue/court selection), and various other factors that we covered here before. According to this new report a "Jacksonville tax software company thwarts patent infringement lawsuit," but that comes at a high cost. To quote: "A Jacksonville tax preparation software company has emerged victorious in a lawsuit that claimed it violated another company’s patents for computerized tax preparation.

"The lawsuit was filed in February 2015 by Aatrix Software Inc. based in Grand Forks, N.D., against Greenshades Software Inc. claiming the Jacksonville firm infringed on two patents. Those patents essentially covered filings to the Internal Revenue Service for payroll taxes."

"We already saw how Microsoft weaponised MOSAID (since then renamed to Conversant, an IAM sponsor) using Nokia’s patents, after Microsoft had hijacked Nokia."So it had to pay patent lawyers for a whole year because of two software patents which were invalid (bogus) all along, owing to USPTO incompetence (if not institutional corruption). How many firms can even afford to do this? Many would just settle to dodge the legal fees, which certainly serve nobody except lawyers (at both sides, plaintiff and defendant alike).

In other news about patents, the Intellectual Ventures-connected Rovi is suing Comcast and patent maximalists indicate that it's filed, as usual "in the Eastern District of Texas, Marshall Division. In the complaint filed, which is quite detailed and very long (174 pages), Rovi is asking for a preliminary injunction, a finding that Comcast’s infringement is willful and deliberate, a finding that the case is exception and attorneys fees are appropriate, as well as damages for the infringement."

"Europe already has patent trolls (Joff Wild denies that they exist). IAM probably wants more of them because they pay IAM."Take this with a barrel of salt because it comes from the propaganda site of Quinn (pro-software patents spin), who now accuses courts of doing an improper job because they follow SCOTUS (Quinn, like Kappos, thinks he knows better than the Justices, and they both get paid for this shameless spin).

Going back to IAM, it turns out that Ericsson's shell game with patent trolls is getting harder to follow as the shell is renamed for the third time (Ericsson's patents becoming Openwave, then Unwired Planet, now something else). To quote IAM (which as usual neglects to say what Unwired Planet really is): "Speaking to IAM after the most recent UK decision, Teksler gave no hint that the firm’s position would soon change so dramatically. In quotes not included in the blog piece published on 29th March, he stated that he was looking forward to a further UK trial slated for October that would focus on how Unwired Planet reached its FRAND licensing rates. “We are hopeful that the court will confirm our approach and provide a much needed FRAND licensing framework for the industry,” he told IAM editor Joff Wild. Whether that trial now goes ahead remains to be seen." Europe already has patent trolls (Joff Wild denies that they exist). IAM probably wants more of them because they pay IAM.

Recent Techrights' Posts

Newer is Not Better, Lunar Edition
Maybe in 57 years (2083, after all these wars) we'll managed to launch a capsule with a human and a dog above the stratosphere again
"AI Revolution" Was a Lie: Microsoft CEO Admits What He Calls "AI" is Sometimes Sloppy and Microsoft Admits That Slop is for "Entertainment Purposes Only" (Not for Any Serious Work)
if it gets "memory-holed", we can bring it up again and again
Social Control Media is Not a Viable Business Model
The future of the Web might not be the Web
From Datacentres Boom to Actual Booms That Target Datacentres, Now Struggling to Justify Humongous Energy and Water Consumption
Datacentres that are used for mindless "entertainment" (as Microsoft calls it) like slop are not a priority at this time
Gemini Links 07/04/2026: Aircraft Lift Force, Editor History, and Consumer Hardware Stagnation
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 06, 2026
IRC logs for Monday, April 06, 2026
What Matters is Software Freedom, Not the Brands
The important thing is to speak about Software Freedom
Wikileaks is About to Turn 20
~2 days ago it turned 19.5
The Cloud of Smoke
Will 2026 be the year that "The Cloud" openly confesses the risks it brings about?
SLAPP Censorship - Part 36 Out of 200: Claim KB-2024-003529 in a Nutshell (Microsoft Employee Does Terrible Things, Then Sues the Reporter in Another Continent)
It commences with more of an overview
Gemini Links 06/04/2026: Solar Panel Story and Centralisation
Links for the day
"Free Speech, Free Press": What the World Needs to Improve
Darkness breeds corruption
IBM prioritises a "lot of smoke and hype and use of trending buzzwords"
IBM can pretend all it wants things are fine
GAFAM Paying the Price for Pursuing US Military Money (Taxpayers' Money as 'Stimulus' With Strings Attached)
The "cloud" in cloud computing is a cloud of smoke
Observing Slop's Demise
If energy becomes more scarce, then one rare/side perk (or upside) will be slop companies screaming for lifeboats
Links 06/04/2026: Crackers Breached the European Commission, Why "Old Way of Campaigning Won’t Cut It Anymore"
Links for the day
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026