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

04.06.17

At the Courts, Another Reminder of PTAB’s Importance and Ericsson’s War (via Patent Trolls) Against Linux and Android

Posted in GNU/Linux, Google, Patents at 9:13 am by Dr. Roy Schestowitz

Ericsson is a patent troll by proxy

Ericsson troll

Summary: The Patent Trial and Appeal Board (PTAB) is grappling with dubious patents that Ericsson’s patent troll is using against GNU/Linux/Android while this troll continues to taunt and pursue ‘protection’ money from various large Android OEMs, including the largest one (Huawei)

PTAB is an essential ‘tool’ for eliminating bad patents and patent trolls. It can stop them before they even initiate a lawsuit, sometimes before they even make a threat thereof.

“PTAB basically applies the law and does so in an affordable fashion which is thus accessible to small(er) companies.”Google’s petition against Unwired Planet’s patents, as we covered here recently, is an example of this. Unwired Planet is nothing but a troll, and this troll is directly being armed by Ericsson — a company whose aggressive patent strategy IAM has been repeatedly grooming in recent weeks. Here, in this new IAM article, IAM continues to protest against PTAB. “The Patent Trial and Appeal Board,” IAM writes, “has allowed Shire to cancel all claims instituted for inter partes review except for one multiple dependent claim that was amended to depend on only non-instituted claims”

In another new article, IAM’s Richard Lloyd uses talking points from Martin M Zoltick and Derek F Dahlgren from Rothwell Figg; Finnegan’s Jason Stach and Joshua Goldberg; and Scott McKeown from Oblon. They are, as usual, bashing PTAB, which they view as an obstruction to patent maximalism. “Since its establishment in 2012,” Lloyd says, “the Patent Trial and Appeal Board has reshaped the US patent litigation landscape. Whether you think it is helping to improve patent quality or killing IP rights, there is no doubt that the changes have been profound…”

Yes, and yet, it's under persistent attack/scrutiny from 'Establishment' microcosm like Crouch. They want to stop PTAB and thus empower patent aggression, trolling, etc. There’s no secret about that. They’re hardly even hiding these desires.

In the latest bit from Crouch, which is as usual about PTAB, he writes: “The most interesting aspects of the decision are found under the surprising heading: Prior Judicial Opinions Did Not Bind the PTAB. When taken out-of-context, we can all agree that the statement is silly and wrong. The PTAB is obviously bound by Supreme Court and other precedent.”

“We certainly hope that, especially at this point, Google will appeal and repeal (or invalidate) all of Unwired Planet’s patents.”“The PTAB is obviously bound by Supreme Court and other precedent.”

Well, yes. PTAB basically applies the law and does so in an affordable fashion which is thus accessible to small(er) companies. It’s not surprising that proponents of trolls hate PTAB so much. Trolls rely on being able to go after vulnerable companies one by one and blackmailing them in isolation. PTAB potentially puts that at risk. Moreover, trolls prefer going after Android OEMs rather than after Google itself because the OEMs have less financial incentive to fight back (a costly process); in some rare cases, for this very reason, Google actually helped particular OEMs by buying patents and passing these to the vulnerable OEMs for legal defence, e.g. against Microsoft and Apple.

Going back to our original point about Google’s use of PTAB against the troll (Unwired Planet), see what we wrote about it earlier this week and just over a week ago.

James Nurton, who habitually produces EPO puff pieces, suggested in his latest report that Unwired Planet keeps rolling and trolling Android (Linux) though he did not mention the Ericsson connection (which is rather obvious) and the implications for GNU/Linux. “Unwired Planet,” he wrote, “did not abuse its dominant position by seeking to enforce standard-essential patents against Huawei, and is entitled to damages and possibly an injunction, Mr Justice Birss of the UK Patents Court has ruled…”

This also mentions “the manufacturers Huawei, Samsung and Google.” We are not going to resort to judge bashing (that’s what Watchtroll likes to do) but instead we shall concentrate on the role of Unwired Planet, a satellite of Ericsson.

“Sadly, however, Ericsson has created trolls/proxies other than Unwired Planet and they too are running after legitimate companies all around the world — a strategy now shared by Microsoft.”The Bristows lobbyist quoted the judge as saying: “I have found to be FRAND, and since Unwired Planet are not in breach of competition law, a final injunction to restrain infringement of these two patents by Huawei should be granted.”

We certainly hope that, especially at this point, Google will appeal and repeal (or invalidate) all of Unwired Planet’s patents. It’s a monumental task. It has not much to sue Unwired Planet over because unlike Unwired Planet’s ‘feeder’ (Ericsson) it has no products. Sadly, however, Ericsson has created trolls/proxies other than Unwired Planet and they too are running after legitimate companies all around the world — a strategy now shared by Microsoft.

None of this spurs innovation. It’s more like legalised extortion by losers (those who lost the race on purely technical grounds). As GNU/Linux grows in prominence and dominance we should expect the losing firms (Apple, Microsoft, Ericsson, Nokia and so on) to do nothing but attack with patents, significantly raising the prices of everything and thus harming end users. It’s the hidden cost of public apathy.

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 18/7/2018: System76's Manufacturing Facility, Microsoft-Led Lobby for Antitrust Against Android

    Links for the day



  2. What Patent Lawyers Aren't Saying: Most Patent Litigation Has Become Too Risky to be Worth It

    The lawyers' key to the castle is lost or misplaced; they can't quite find/obtain leverage in courts, but they don't want their clients to know that



  3. Software Patents Royalty (Tax) Campaign by IBM, a Serial Patent Bully, and the EPO's Participation in All This

    The agenda of US-based patent maximalists, including patent trolls and notorious bullies from the United States, is still being served by the 'European' Patent Office, which has already outsourced some of its work (e.g. translations, PR, surveillance) to the US



  4. The European Council Needs to Check Battistelli's Back Room Deals/Back Door/Backchannel With Respect to Christian Archambeau

    Worries persist that Archambeau is about to become an unworthy beneficiary (nepotism) after a Battistelli setup that put Campinos in power, supported by the Belgian delegation which is connected to Archambeau, a national/citizen of Belgium



  5. PTAB and § 101 (Section 101) Have Locked the Patent Parasites Out of the Patent System

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) have contributed a great deal to patent quality and have reduced the number of frivolous patent lawsuits; this means that firms which profit from patent applications and litigation hate it with a passion and still lobby to weaken if not scuttle PTAB



  6. Patents on Computer Software and Plants in the United States Indicative of Systemic Error

    The never-ending expansion of patent scope has meant that patent law firms generally got their way at the patent office; can the courts react fast enough (before confidence in patents and/or public support for patents is altogether shattered)?



  7. Yesterday's Misleading News From Team UPC and Its Aspiring Management of the Unified Patent Court (UPC)

    The Unified Patent Court (UPC) enthusiasts — i.e. those looking to financially gain from it — continue to wrestle with logic, manipulate words and misrepresent the law; yesterday we saw many law firms trying to make it sound as though the UPC is coming to the UK even though this isn’t possible and UPC as a whole is likely already dead



  8. Time for the European Commission to Investigate EPO Corruption Because It May be Partly or Indirectly Connected to EU-IPO, an EU Agency

    The passage of the top role at the EU-IPO from António Campinos to Christian Archambeau would damage confidence in the moral integrity of the European Council; back room deals are alleged to have occurred, implicating corrupt Battistelli



  9. Links 17/7/2018: Catfish 1.4.6 Released, ReactOS 0.4.9, Red Hat's GPL Compliance Group Grows

    Links for the day



  10. Links 16/7/2018: Linux 4.18 RC5, Latte Dock v0.8, Windows Back Doors Resurface

    Links for the day



  11. Alliance for US Startups and Inventors for Jobs (USIJ) Misleads the US Government, Pretending to Speak for Startups While Spreading Lies for the Patent Microcosm

    In the United States, which nowadays strives to raise the patent bar, the House Small Business Committee heard from technology firms but it also heard from some questionable front groups which claim to support "startups" and "jobs" (but in reality support just patents on the face of it)



  12. 'Blockchain', 'Cloud' and Whatever Else Gets Exploited to Work Around 35 U.S.C. § 101 (or the EPC) and Patent Algorithms/Software

    Looking for a quick buck or some low-quality patents (which courts would almost certainly reject), opportunists carry on with their gold rush, aided by buzzwords and hype over pretty meaningless things



  13. PTAB Defended by the EFF, the R Street Institute and CCIA as the Number of Petitions (IPRs) Continues to Grow

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) come to the rescue when patently-bogus patents are used, covering totally abstract concepts (like software patents do); IPRs continue to increase in number and opponents of PTAB, who conveniently cherry-pick Supreme Court (SCOTUS) decisions, can't quite stop that



  14. IAM/Joff Wild May Have Become a de Facto Media Partner of the Patent Troll iPEL

    Invitation to trolls in China, courtesy of the patent trolls' lobby called "IAM"; this shows no signs of stopping and has become rather blatant



  15. Cautionary Tale: ILO Administrative Tribunal Cases (Appeals) 'Intercepted' Under António Campinos

    The ILO Administrative Tribunal (ILO-AT) is advertised by the EPO's management as access to justice, but it's still being undermined quite severely to the detriment of aggrieved staff



  16. Asking the USPTO to Comply With 35 U.S.C. § 101 is Like Asking Pentagon Officials to Pursue Real, Persistent Peace

    Some profit from selling weapons, whereas others profit from patent grants and litigation; what's really needed right now is patent sanity and adherence to the public interest as well as the law itself, e.g. Supreme Court (SCOTUS) decisions



  17. BT and Sonos Are Still Patent Bullies, Seeing Patents as a Backup Plan

    The companies seeking to complement their business (or make up for their demise) using patents are still suing rivals while calling that litigation "research and development" (the same old euphemism)



  18. Jim Skippen, a Longtime Patent Troll, Admits That the Trolling Sector is Collapsing

    Canada's biggest patent troll (WiLAN) bar BlackBerry doesn't seem to be doing too well as its CEO leaves the domain altogether



  19. From East Asia to the Eastern District of Texas: XYZ Printing, Maxell, and X2Y Attenuators

    The patent aggression, which relies on improper litigation venues, harms innocent parties a great deal; only their lawyers benefit from all this mess



  20. Links 14/7/2018: Mesa 18.1.4, Elisa 0.2.1, More on Python's Guido van Rossum

    Links for the day



  21. Number of Oppositions to Grants/Awards of European Patents at the EPO Has Skyrocketed, Based on Internal Data

    The number of challenged patents continues to soar and staff of the EPO (examiners already over-encumbered by far too much work, due to unrealistic targets) would struggle to cope or simply be compelled to not properly deal with oppositions



  22. 'Transaction' Complete: Former EPO Executive From Belgium Takes the Seat of António Campinos at EU-IPO

    Rumours that Belgium made a back room deal with Battistelli may be further substantiated with the just-confirmed appointment of Archambeau



  23. EPO Abuses Against People With Disabilities Followed by Legal Bullying?

    The new President of the EPO is not (at least not yet) obeying court rulings from ILO; The above move seems like an attempt to derail ongoing cases at the ILO’s Administrative Tribunal (ILO-AT), i.e. yet more strong-arming



  24. Weeks Later António Campinos Still in Noncompliance With the Courts (ILO's Tribunal)

    'report card' for the ever-so-intransparent (or nontransparent) new President of the EPO, who does not even bother obeying court rulings



  25. Links 13/7/2018: Kube 0.7.0, Trisquel 8.0 LTS Reviewed

    Links for the day



  26. Constitutionality and CJEU as Barriers, the UPC Agreement (UPCA) is Already Moot in the United Kingdom

    The Unified Patent Court (UPC) isn't going anywhere and the UK merely "explores" what to do about it; for Team UPC, however, this means that the UK "confirms intention to remain in Unitary Patent system after Brexit" (clearly a case of deliberate misinformation)



  27. It's Not About EPO 'Backlog' But About Faking 'Production' by Lowering Standards

    Remarks on the EPO dropping all pretenses of genuine care for patent quality; it's all about speed now, never mind if wrongly-granted patents can cause billions in damages across Europe (a lot of that money flows towards patent law firms)



  28. Links 12/7/2018: GTK+ 4.0 Plans, OpenBSD Gains Wi-Fi “Auto-Join”

    Links for the day



  29. The Anti-35 U.S.C. § 101 Lobby Pushes Old News Into the Headlines in an Effort to Resurrect/Protect Software Patents

    The software patenting proponents (law firms for the most part) are still doing anything they can -- stretching even months into the past -- in an effort to modify the law in defiance of Supreme Court (SCOTUS) rulings



  30. Thomas Massie and Marcy Kaptur Are Promoting the Interests of Patent Trolls and Patent Lawyers While Calling That “Innovation”

    Remarks on the ongoing effort to promote patent trolls’ interests under the guise of “helping small businesses” — a very misleading propaganda pattern that we have been finding in Unified Patent Court (UPC) lobbying at the EPO


CoPilotCo

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

CoPilotCo

Recent Posts