06.19.16

How the Halo Electronics Case Helps Patent Trolls and How Publications Funded by Patent Trolls (IAM for Instance) Covered This

Posted in America, Courtroom, LG, Patents, Samsung at 10:27 am by Dr. Roy Schestowitz

Halo as a sanctuary for patent trolls

Halo

Summary: A Supreme Court ruling on patents, its implications for software patent trolls, and how media that is promoting software patents and patent trolls covered it

THE dishonest/self-serving patent lawyers in the US might never openly admit this, but software patents are dying not only in US courts and PTAB but also, increasingly, at the USPTO. This does not necessarily solve the problem of patent trolls because trolls tend to go after small companies that have neither the will nor the budget to invalidate the asserted patents, e.g. by going to court.

“Court rulings like this,” say anti-trolls lobbyists, “make it much more urgent for Congress to pass patent litigation reform legislation this year” (they probably allude to the VENUE Act or the likes of it).

“This does not necessarily solve the problem of patent trolls because trolls tend to go after small companies that have neither the will nor the budget to invalidate the asserted patents, e.g. by going to court.”“Supreme Court Ruling in Halo/Stryker Case Will Lead to More Lawsuits from Patent Trolls, More Forum Shopping by Repeat Plaintiffs,” says the accompanying PDF. “Ruling Gives Small Businesses Less Incentive to Fight Meritless Suits,” says the second line. This is correct as it’s already far too expensive and laborious. The smaller the company, the more likely it is to just pay ‘protection money’ (extortion) because the ratio between the ‘damages’ and the legal costs in a court makes it the ‘correct’ business choice.

Suppose for a moment that patent trolls don’t get granted (or get to buy) the patents they use. The proposed reform legislation does not actually tackle software patents. The subject is not even on the agenda and that’s a problem. As long as software patents can land on the lap of patent trolls, these are guaranteed to be misused. Natalie Rahhal of MIP wrote about the same decision (Halo/Stryker case) as follows: “The Supreme Court decided both Halo Electronics, Inc v Pulse Electronics, Inc, et al and Stryker Corporation, et al v Zimmer, Inc, et al on Monday, in a decision that significantly lowered the bar for the issuance of enhanced damages in a patent infringement case.

“Gene the WatchTroll (or “Watchdog” as he prefers to think of himself) is so upset that judges are doing their job and eliminating software patents (after SCOTUS Justices ruled on the matter) that he shamelessly exploits these latest developments to assert Justices are writing legislation (untrue).”“Enhanced damages are set out by Section 284 of the Patent Act and allow the Court to award a patent owner up to three times the amount of the damages found, if the jury or the court determines that the infringement was wilful.”

Gene the WatchTroll (or “Watchdog” as he prefers to think of himself) is so upset that judges are doing their job and eliminating software patents (after SCOTUS Justices ruled on the matter) that he shamelessly exploits these latest developments to assert Justices are writing legislation (untrue). In our previous post we showed how he had exploited the Halo/Stryker case to accuse Justices of ignorance and here he is saying that §101 (Alice) is “overused”:

It seems as though once the court realized the claimed invention related to software, it pulled out its §101 goggles and ignored any other grounds for patent invalidity. Such an analysis, which pushes decision-making into 101, which is ill-suited to be used as such a brute force instrument, has perplexed and frustrated patent practitioners. Courts, including the Federal Circuit, simply disregard the other sections of the Patent Act in favor of §101, which for them is easier and leads to decision-making without the need of discovery and without presuming the issued patent is valid.

With or without Halo/Stryker, with or without Enfish, §101 still stands and it will continue to demolish software patents by the thousands (those that reach PTAB and the courts anyway). One can be sure that patent lawyers will keep saying “Halo” and “Enfish” any time they wish to defend trolls and software patents. Joff Wild, for a change, says the T word (“Trolls”) in his article about Halo (a case which we first mentioned here last week) and here is his opening paragraph: “There have already been plenty of articles written about the Supreme Court’s decision in Halo v Pulse, which was handed down yesterday. As is usual in cases where they review the work of the Federal Circuit, the court’s justices have decided that its practices are wrong. This time, it’s the approach that the CAFC has towards determining wilful infringement – it’s too rigid and lets too many potentially very badly behaved defendants off the hook. Instead, the Supreme Court has stated, judges should have a lot more discretion in deciding when a defendant’s behaviour has been so egregious that it deserves the sanction of triple damages.”

“With or without Halo/Stryker, with or without Enfish, §101 still stands and it will continue to demolish software patents by the thousands (those that reach PTAB and the courts anyway).”Expect this to be used to discredit §101 and defend patent trolls. Now that Ericsson’s patent trolls (in Europe) are about get ‘scooped up’ IAM celebrates and as another major lawsuit comes to light IAM says: “Earlier this week an entity called Global Equity Management (GEMSA) filed lawsuits against 20 separate operating companies including Spotify, Netflix and Uber over the alleged infringement of two patents. All of the suits were filed in the Eastern District of Texas.”

That’s just a patent troll in the Eastern District of Texas, as usual. “US Pat 6,690,400, Asserted Against Amazon Web Service Users,” Patent Buddy wrote, adding some of his information about the patent. Apparently that’s just fine with Wild and his colleagues, whose employer received money from patent trolls. This EPO‘s mouthpiece, IAM ‘magazine’, still treats the world's largest patent troll (and Microsoft-connected troll) like some kind of heroic entity that people ought to emulate. Last week it continued to groom this patent troll, Intellectual Ventures. They almost do public relations, having spoken directly to the company’s executives last month (the editor in chief did, the trolls denialist).

“It doesn’t seem to bother Congress enough. Why not? Follow the money.”Perhaps the saddest thing in it all is that most voices that weighed in on the latter (and we were able to find) treated a win for patent trolls as some kind of fantastic ruling from SCOTUS, except perhaps TechDirt with this article titled “Supreme Court Just Made It Easier For Patent Trolls”.

To quote TechDirt: “As we’ve noted over the past decade or so, the Supreme Court has been smacking down the Court of Appeals of the Federal Circuit (CAFC) over and over and over again on issues related to patent law. And on Monday, the Supreme Court did it once again — but this time in a way that actually might not be good.”

The analysis ends with: “At the very least, this seems like an argument for Congress to finally stop sitting around and doing something to fix the patent troll problem.”

It doesn’t seem to bother Congress enough. Why not? Follow the money. Why is IAM so soft on trolls? Again, follow the money.

We could say a lot more about IAM’s sheer bias. Consider its latest coverage from Asia. IAM, as usual, misses the point. LG and Samsung are absolutely massive companies (almost part of the nation itself, including the military in fact); they are the exception, not the norm, when it comes to the number of patents. IAM says “Korean companies own some of the world’s largest patent portfolios, including of course the single biggest stockpile of US grants – by some margin – which belongs to Samsung Electronics.” But IAM does not mention that this is pretty much limited to just two companies. Regarding Japan, which has a lot more than just two or three giant technology companies, IAM suggests some kind of patent liquidation. Notice how they ascribe or use the word “asset” to refer to a patent (the A in IAM is “asset”), as if it’s some kind of physical object. Euphemisms are everywhere at IAM. It’s lobbying disguised as news.

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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2016/06/19/halo-stryker-case/

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. IRC Proceedings: Saturday, March 06, 2021

    IRC logs for Saturday, March 06, 2021



  2. How To Deal With Your Raspberry Spy -- Part V: All The Rest

    The final part of a series on liberating the Raspberry Spy from an untrustworthy OS that secretly adds Microsoft keys and proprietary software repositories of Microsoft



  3. How To Deal With Your Raspberry Spy -- Part IV: Doing The Task

    We now spell out the steps taken to actually replace the Raspberry Pi OS with something more trustworthy



  4. Corporations Do Not Represent Communities and Activists, They Just Exploit Them, Discredit Them, and Hijack Their Hard Work

    The AstroTurfing and the Googlebombing campaigns of large corporations would have us believe that genuine activists are toxic and malicious people, whereas corporations exist to save the world from evil people; don’t fall for those Public Relations tactics (a gross inversion of narrative)



  5. Why the 'Raspberry Spy' Blunder is a Lot More Serious and Profound Than the Corporate Media is Willing to Acknowledge

    As this video points out, the ongoing series by Gavin L. Rebeiro is justified by the fact that the 'Raspberry Spy' Foundation continues to work with and some might say for Microsoft; it sold out millions of customers



  6. Links 6/3/2021: “SLS” Mitigation and Exiv2/KDE Project

    Links for the day



  7. How To Deal With Your Raspberry Spy -- Part III: Fundamentals

    Following the introductory and preliminary parts we dive deeper into the steps taken to replace the Raspberry Pi's GNU- and Linux-based OS with something like NetBSD



  8. Links 6/3/2021: Linux 5.12 RC2 and OpenSUSE Tumbleweed Woes

    Links for the day



  9. IRC Proceedings: Friday, March 05, 2021

    IRC logs for Friday, March 05, 2021



  10. Links 5/3/2021: Qubes OS 4.0.4 Release and Wine's Project Leader is Open to Wayland

    Links for the day



  11. How To Deal With Your Raspberry Spy -- Part II: Introduction

    Following Part I, published a few hours ago, let's examine what happened from a technical perspective and what can be done about it technically



  12. How To Deal With Your Raspberry Spy -- Part I: Acknowledgements

    March 2, 2021 blog post series from a guest author; for some background, see blog posts from Microsoft in the official blog of Raspberry Pi and our response to these



  13. German Decision on Unitary Patent/UPC Will Take Years (and It Doesn't Matter Because the Whole Thing is Dead Already)

    Kluwer Patent Blog's Dr. Bausch explains why the UPC is pretty much doomed, as it cannot be ratified any time soon and probably will never be ratified either (for a multitude of reasons, including Brexit)



  14. Techrights in Australia (IPFS and Gemini)

    Allies in Australia will help Techrights serve material from another server; we're still bettering ourselves for an era of oppressive World Wide Web



  15. Professional Troll Matthew Garrett Spreads Libel, Defamation and Slander About the Free Software Community to Entertain Microsoft and Friends

    After months of parking in our IRC channels to provoke and troll people (and try to collect 'dirt' from responses) the professional troll Matthew Garrett has been for many years shows his true colours again



  16. Links 5/3/2021: Linux 5.12-rc2 Imminent, Linux Lite 5.4 RC1 in Review

    Links for the day



  17. IRC Proceedings: Thursday, March 04, 2021

    IRC logs for Thursday, March 04, 2021



  18. Links 4/3/2021: LibreOffice 7.1.1, Cockpit 239, Many Stable Kernel Releases

    Links for the day



  19. Links 4/3/2021: Pardus 19.5 is Out and Free Software Foundation Gets Consulting Grant

    Links for the day



  20. IRC Proceedings: Wednesday, March 03, 2021

    IRC logs for Wednesday, March 03, 2021



  21. The Free Software Foundation Should Re-add Richard Stallman to the Board

    Dr. Richard Stallman is missed by many who perceive him to have been wrongly treated; putting Stallman back in the Board (at the very least) would help the image of the Free Software Foundation more than the newly-announced work with Community Consulting Teams of Boston



  22. Free Software Calling

    Fewer people are willing to "put up with the shit" given by so-called 'Big Tech', seeing that it's mostly about social control rather than enablement or emancipation



  23. Meme: EPO Management Totally Gets 'Tehc'

    The bestest patent office in the whole wide world is besting the “hey hi” (AI) cutting edge; don't worry about exam and certification integrity



  24. The EPO's Software Blunders Are Inevitable Outcome of Technically Clueless Management Which Grants Illegal Patents on Software

    The "clusterfuck" which the EPO has become is negatively affecting not only EPO staff but also stakeholders, who sink into depression and sometimes anger, even fury, at great expense to their health; this is how institutions die (for a quick but short money grab, a culmination of corruption which piggybacks half a century of goodwill gestures)



  25. Links 3/3/2021: OpenSUSE Leap 15.3 Beta, GNU Denemo 2.5, and NomadBSD 1.4

    Links for the day



  26. What Free Software Organisations Can Learn From Australia's Rape Crisis

    Reprinted with permission from Daniel Pocock



  27. Microsoft Weaponises (and Further Spreads) Racism to Distract From Its Own Incompetence (and 'Five Eyes' Collusion for Back Door Access)

    Racist Microsoft is at it again; we're meant to think that China is evil for doing exactly what the United States has been doing but more importantly we're told not to blame Microsoft for shoddy code and back doors (classic blame-shifting tactics and overt distortion of facts, as we saw in the wake of SolarWinds backdoors)



  28. GNU/Linux News Sites Need to Promote Software Freedom, Not Binary and Proprietary Blobs Merely Compiled for GNU/Linux

    There has been lots of proprietary fluff in GNU/Linux 'news' sites so far this week; it merits an explanation or clarification, e.g. why we should generally reject proprietary stuff and instead promote Free/libre alternatives



  29. Links 3/3/2021: OpenSSH 8.5 and Absolute64 20210302 Released

    Links for the day



  30. IRC Proceedings: Tuesday, March 02, 2021

    IRC logs for Tuesday, March 02, 2021


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