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

05.07.17

Patents of Microsoft’s Largest Troll, Intellectual Ventures, Are Sold to be Used Offensively

Posted in Microsoft, Patents at 3:46 pm by Dr. Roy Schestowitz

When Microsoft does not sue directly, as it habitually does, one can count on Intellectual Ventures to step in, if not one of the many shells or shadowy clients of Intellectual Ventures

Related (March 2017): It Certainly Looks Like Microsoft is Already Siccing Its Patent Trolls, Including Intellectual Ventures, on Companies That Use Linux (Until They Pay ‘Protection’ Money)

Ballmer on patents
Full, 6-frame explanation of Microsoft’s strategy

Summary: Intellectual Ventures, the world’s largest patent troll which came from Microsoft, remains active and its shadow can be found in newly-filed patent cases, including requests for embargo

MICROSOFT loves to pretend to have changed its patent stance (the media habitually helps such pretenses), but Microsoft is a breeding ground to patent trolls, including the world’s largest. Michael Loney from Managing IP calls this nasty patent troll a “PAE”, which is certainly something it is not. The FTC recently published a study warning about such trolls and the ITC occasionally helps trolls, by means of embargoes.

Mr. Loney has written:

A recent Intellectual Ventures lawsuit filed with a companion ITC complaint may be a sign of what is to come in patent assertion entity litigation, with one observer describing it as “a formidable new change”. The ITC has now instituted the investigation against car manufacturers and parts makers

So a massive patent troll is trying not just to tax companies (including those which distribute Linux) but also to embargo, i.e. ban them from the marketplace.

“So a massive patent troll is trying not just to tax companies (including those which distribute Linux) but also to embargo, i.e. ban them from the marketplace.”The ‘new Microsoft’? The mask slips off again?

Another new post, this one from friends of Microsoft and Intellectual Ventures, notes that this nasty patent troll of Microsoft is passing patents to other companies and these patents are used for litigation right now. To quote the relevant part:

Of the 11 grants that ASML and Zeiss are asserting, four were picked up from Intellectual Ventures via a Dutch corporate entity called Tarsium BV (the patent nos. are 6,731,335, 7,297,916, 8,149,312 and 8,625,017). The remaining seven originated with HP and also found their way to ASML/Zeiss via Tarsium. IV appears to have transferred its patents to Tarsium in November 2014, but it has only just shown up in the USPTO assignment database as part of a nunc pro tunc assignment with a recorded date of April this year. IV picked up the quartet of grants in 2011 from an entity called Crosstek Capital LLC as part of a portfolio of more than 300 assets — prior to Crosstek they were owned by Magnachip Semiconductor.

Although IV has built a portfolio that stretches into the tens of thousands, as its sale to Tarsium shows, it has also been open to making sales. As this blog exclusively reported in April, the firm has stopped making acquisitions for its most recent fund and has significantly upped its rate of sales.

So it is indeed like an arms broker. It fuels litigation now.

“Intellectual Ventures, for instance, has used thousands of proxies and now it’s just selling patents for others to carry out the litigation.”The unfortunate thing is, these patent trolls are morphing to hide their real identity. Intellectual Ventures, for instance, has used thousands of proxies and now it’s just selling patents for others to carry out the litigation. Will US politicians take note of it?

Dennis Crouch says that “Congress Continues to See Need to Reduce Abusive Patent Litigation,” but if firms like Intellectual Ventures foster legal chaos not directly, will it be noticed at all? As Crouch put it the other day, the “approach here is that patent litigation reform is being linked with civil litigation reform generally – and Republican control suggests making it more difficult to bring claims. Recognize that a number of influential parties, including IPO, have called for reforms to strengthen patent rights – so far that is getting no traction among Republican leadership.”

“They just want ‘protection’ money based on unspecified threats. This is clearly racketeering and should be treated as such.”This ought to be a bipartisan issue. A lot of people out there are hurt by patent trolls; consider this new story of Kevin O’Connor. As this new campaign against trolls put it, a “letter Kevin O’Connor’s #smallbiz received from a #patenttroll didn’t even name the #patent in question…”

They just want ‘protection’ money based on unspecified threats. This is clearly racketeering and should be treated as such. From a legal perspective, this is quite likely a violation of the law. What’s worth noting here is that Microsoft now exercises a strategy of proxying at two levels; first it outsources a lot of the trolling activities to Intellectual Ventures, which in turn outsources the litigation to thousands of shells (based on the mainstream media’s reports). Microsoft too has its own in-house troll, called “Microsoft Technology Licensing”.

But hey, Microsoft says it “loves Linux”… it even distributes free buttons that say so.

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. The Attacks on the Patent Trial and Appeal Board (PTAB) Have Lost Momentum and the Patent Microcosm Begrudgingly Gives Up

    The Patent Trial and Appeal Board (PTAB), reaffirmed by the Court of Appeals for the Federal Circuit (CAFC) and now the Supreme Court as well, carries on preventing frivolous lawsuits; options for stopping PTAB have nearly been exhausted and it shows



  2. Software Patenting and Successful Litigation a Very Difficult Task Under 35 U.S.C. § 101

    Using loads of misleading terms or buzzwords such as "AI" the patent microcosm continues its software patents pursuits; but that's mostly failing, especially when courts come to assess pertinent claims made in the patents



  3. António Campinos Will Push Toward a France-Based Unified Patent Court (UPC)

    Frenchmen at EPO will try hard to bring momentum if not force to the Unified Patent Court; facts, however, aren't on their side (unlike Team UPC, which was always on Team Battistelli's side)



  4. In Apple v Samsung Patents That Should Never Have Been Granted May Result in a Billion Dollars in 'Damages'

    A roundup of news about Apple and its patent cases (especially Apple v Samsung), including Intel's role trying to intervene in Qualcomm v Apple



  5. Links 20/5/2018: KDevelop 5.2.2 and 5.2.3, FreeBSD 11.2 Beta 2

    Links for the day



  6. Aurélien Pétiaud's ILO Case (EPO Appeal) an Early Sign That ILO Protects Abusers and Power, Not Workers

    A famous EPO ‘disciplinary’ case is recalled; it’s another one of those EPO-leaning rulings from AT-ILO, which not only praises Battistelli amid very serious abuses but also lies on his behalf, leaving workers with no real access to justice but a mere illusion thereof



  7. LOT Network is a Wolf in Sheep's Clothing

    Another reminder that the "LOT" is a whole lot more than it claims to be and in effect a reinforcer of the status quo



  8. 'Nokification' in Hong Kong and China (PRC)

    Chinese firms that are struggling resort to patent litigation, in effect repeating the same misguided trajectories which became so notorious in Western nations because they act as a form of taxation, discouraging actual innovation



  9. CIPU is Amplifying Misleading Propaganda From the Chamber of Commerce

    Another lobbying event is set up to alarm lawmakers and officials, telling them that the US dropped from first to twelfth using some dodgy yardstick which favours patent extremists



  10. Patent Law Firms That Profit From Software Patent Applications and Lawsuits Still 'Pull a Berkheimer' to Attract Business in Vain

    The Alice-inspired (Supreme Court) 35 U.S.C. § 101 remains unchanged, but the patent microcosm endlessly mentions a months-old decision from a lower court (than the Supreme Court) to 'sell' the impression that everything is changing and software patents have just found their 'teeth' again



  11. A Year After TC Heartland the Patent Microcosm is Trying to 'Dilute' This Supreme Court's Decision or Work Around It

    IAM, Patent Docs, Managing IP and Patently-O want more litigation (especially somewhere like the Eastern District of Texas), so in an effort to twist TC Heartland they latch onto ZTE and BigCommerce cases



  12. Microsoft Attacks the Vulnerable Using Software Patents in Order to Maintain Fear and Give the Perception of Microsoft 'Safety'

    The latest patent lawsuits from Microsoft and its patent trolls (which it financially backs); these are aimed at feeble and vulnerable rivals of Microsoft



  13. Links 19/5/2018: Mesa 18.0.4 and Vim 8.1

    Links for the day



  14. Système Battistelli (ENArque) at the EPO is Inspired by Système Lamy in Saint-Germain-en Laye

    Has the political culture of Battistelli's hometown in France contaminated the governance of the EPO?



  15. In Australia the Productivity Commission Decides/Guides Patent Law

    IP Australia, the patent office of Australia, considers abolishing "innovation patents" but has not done so yet (pending consultation)



  16. Fishy Things Noticed Ahead of the Passage of a Lot of EPO Budget (Applicants' Money) to Battistelli's Other (and Simultaneous) Employer

    Observations and odd facts regarding the affairs of the council in St Germain; it certainly looks like Battistelli as deputy mayor and the mayor (Arnaud Péricard) are attempting to hide something



  17. Links 18/5/2018: AsteroidOS 1.0 Released, More Snyk/Black Duck FUD

    Links for the day



  18. Today's EPO Financially Rewards Abuses and Violations of the Law

    Battistelli shredded the European Patent Convention (EPC) to pieces and he is being rewarded for it, perpetuating a pattern of abuses (and much worse) being rewarded by the European Patent Organisation



  19. So-Called 'System Battistelli' is Destroying the EPO, Warn Insiders

    Low-quality patent grants by the EPO are a road to nowhere but a litigious climate in Europe and an unattractive EPO



  20. Rise in Patent Trolls' Activity in Germany Noted Amid Declining Patent Quality at the EPO

    The UPC would turn Europe into some sort of litigation ‘super-state’ — one in which national patent laws are overridden by some central, immune-from-the-law bureaucracy like the EPO; but thankfully the UPC continues its slow collapse



  21. EPO's Battistelli Taking Days Off Work for Political 'Duties' (Parties) in His French Theatre Where He'll Bring Buckets of EPO Budget (EPO Stakeholders' Money)

    More tales from Saint-Germain-en-Laye...



  22. Links 16/5/2018: Cockpit 168, GCompris 0.91, DHCP Bug

    Links for the day



  23. The EPO's 'Inventor Award' Scam: Part III

    An addendum to the "inventor of the year" affair, namely the case of Remmal



  24. Apple and Microsoft Are Still Suing Companies -- Using Patents of Course -- Which 'Dare' Compete (by Leveraging GNU/Linux)

    The vanity of proprietary software giants — as the latest news serves to reveal — targeting companies with patent lawsuits, both directly and indirectly



  25. The Anti-PTAB (Patent Quality), Anti-§ 101 Lobby is Losing Its Mind and It Has Become Amusing to Observe

    The rants about the Patent Trial and Appeal Board (PTAB), the courts and even the law itself have reached laughable levels; this reveals that the real agenda of patent maximalists is endless litigation and their methods boil down to those of an angry mob, not legal professionals



  26. EPO Has Become Overzealous About Software Patents, Probably More So Than Almost Anywhere Else

    The promotion of an extreme patent regime in Europe continues unabated; whether it succeeds or not depends on what EPO examiners and citizens of Europe can do



  27. Links 15/5/2018: Black Duck's Latest FUD and the EFF's EFFail FUD Debunked Further

    Links for the day



  28. Xiaomi, Samsung, TCL and Others Demonstrate That in a World With an Abundance of Stupid Patents Like Design Patents Nobody is Safe

    The "Cult of Patents" (typically a cabal of law firms looking to have everything on the planet patented) has created a battlefield in the mobile world; every company, once it gets big enough, faces a lot of patent lawsuits and dying companies resort to using whatever is in their "portfolio" to destroy everyone else inside the courtroom (or demand 'protection' money to avert lawsuits)



  29. A Google-Centric and Google-Led Patent Pool Won't Protect GNU/Linux But Merely 'Normalise' Software Patents

    Patent pools, which are basically the wrong solution to a very clear problem, continue to expand and promote themselves; the real solution, however, is elimination of abstract patents, notably software patents



  30. The Patent Microcosm is Still Looking for Ways to Bypass CAFC/PTAB Invalidation of Many US Patents

    In pursuit of patent maximalism (i.e. a status quo wherein US patents — no matter their age — are presumed valid and beyond scrutiny) pundits resort to new angles or attack vectors, ranging from the bottom (IPRs) to the top (Supreme Court)


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