Bonum Certa Men Certa

The Attacks of Patent Trolls as Outlined in the Media This Past Week

When a fossil of an 'industry' demands 'protection' money...

Organisms



Summary: An outline of some of the latest troll cases to be aware of and their consequences too (e.g. software patents being used to literally shut down entire programs)

THERE is no lack of stories about patent trolls. I spoke to one likely victim on the phone today for almost an hour. Patent trolls are not a US-only problem, but they often exploit patents granted by the USPTO because a lot of businesses operate in (if not based in) the US.



Today's outline will be split for easier digestion. We probably won't be covering EPO issues for a few days to come due to travel, but some time in the near future we are going to show that EPs too facilitate patent trolls, more so over time. Patent trolls are a growing problem in Germany, for instance, and definitely (in a very big way) in China.

Cloudflare



I often protest against Cloudflare, which I unfortunately have to depend on at work (many clients use it). Cloudflare and I are no friends, but now that Cloudflare is a victim of patent trolls it's difficult to not have some sympathy or empathy. Yes, Cloudflare too -- like many companies of its size -- has become a victim of patent trolls with software patents of the "Internet" variant (like old ideas "over the Internet"). Found via this tweet was an article about it, showing that Blackbird is once again trying to destroy legitimate companies (we wrote about Blackbird before):

Cloudflare says it will go above and beyond to destroy what it claims is a uniquely dangerous patent troll.

The troll in question is Blackbird Technologies LLC, a law firm based in Boston, US. It has accused Cloudflare of ripping off a patent it owns on internet communications.

Crucially, Cloudflare CEO Matthew Prince said the battle between his company and Blackbird is over more than just one infringement claim: Blackbird's approach to poses a serious threat to other tech companies, and, we're told, it must be stopped.

"They are a very dangerous new breed of patent troll different from what we have seen before," Prince, himself a former lawyer, told The Register. "This is a perfect innovation killing machine."


The original from Cloudflare says that "[o]n March 20th, Cloudflare received our first patent infringement claim: Blackbird Tech LLC v. Cloudflare, Inc. Today we’re filing our Answer to that claim in a federal court in Delaware. We have very strong arguments we will present in the litigation, mostly because the patent asserted against us does not have anything to do with our technology."

We've long written about Blackbird; it's a nasty, horrible patent troll. It needs to be purged. "Worse still," Cloudflare explains, "Blackbird is a new, especially dangerous breed of patent troll. Like the dinosaur in the latest Jurassic Park movie, a synthetic combination of Tyrannosaurs and Velociraptor, Blackbird combines both a law firm and intellectual property {sic} rights holder into a single entity. In doing so, they remove legal fees from their cost structure and can bring lawsuits of potentially dubious merit without having to bear any meaningful cost. In other words, Blackbird’s new breed of entity is specifically designed to add leverage and amplify the already widely maligned problem of patent trolling."

Good luck to Cloudflare and let's hope that they invalidate this patent, which would otherwise be used against other innocent victims. Cloudflare might need to spend some money on this (it already fights against various sorts of censorship in court) and if it wins the case, the PR karma can help offset the losses (legal bills).

GoDaddy



GoDaddy has become a rather large Internet company and like most Internet companies GoDaddy is an attractive target for trolls. Yes, GoDaddy too is coming under software patent attacks from patent trolls. It was covered by The Register (same as above), which said:

Domain registrar and host GoDaddy has won its battle with a patent-holding company that had accused it of violating a handful of claims related to basic email functions.


Let's hope GoDaddy fights back against this, even if this requires going to higher courts (more expensive).

Netflix



Netflix, like GoDaddy and Cloudflare, is a company that I strongly dislike for several different reasons, but now that it's attacked by patent trolls I feel compelled to take its side. With software patents disguised as "cloud", as is commonly the case these days, Netflix is vulnerable to such a lawsuit.

As this article put it, "using cloud computing to do business may get you sued by patent trolls in the District Court for the Eastern District of Texas." [via]

Notice the pattern. All the above are software patents. That's just what patent trolls so habitually use.

Moom



Leaving aside those large companies that have reasonably deep pockets, watch what happens to the Moom developers. They don't have deep pockets, so a lawsuit (or threat thereof) immediately kills the software. We have covered many such examples in the past, ranging from plugins and code samples to complete applications. Software patents can often doom an entire application. Sometimes the developers are not even allowed to speak about what happened (for fear of being sued for breaking the silence).

"We just had to remove Moom from sale due to a broad software patent," wrote the developer. "Pissed doesn't begin to describe my mood."

The number of comments has increased considerably since we first saw it. "Software patents," one person emphasised, are the culprit here. "Moneymakers for non creating people. Good luck! Hope it will be fixed soon!"

Here is the corresponding blog post about it:

Tonight we received notice that Moom is in violation of US patent number 8434019, Apparatus and method for positioning windows on a display. Yes, someone has patented positioning windows on a screen via a grid. Given we’ve been notified of a patent violation, we have no choice but to remove Moom from sale, effective immediately.

Honestly, we have no idea how to proceed here—the notice arrived at 8pm on a Friday evening, meaning it will be a few days until we can even speak to an attorney about our options, if any. We’re not a big company by any stretch, and certainly don’t have the resources for a patent fight.


Facebook



Facebook is a very malicious company, including on the patent front. But that does not mean that we should celebrate when patent trolls want to enrich themselves using Facebook, having already enriched themselves because Apple and Microsoft paid. As Reuters have just put it, "Patent firm Mirror Worlds targets Facebook in latest lawsuit" and here is a key part:

Patent licensing firm Mirror Worlds Technologies LLC on Tuesday sued Facebook Inc for infringing software patents Apple Inc and Microsoft Corp have already paid a combined $30 million to license.


The more money they receive, the hungrier they get.

Microsoft



Microsoft, in the mean time, patents creepy stuff [1, 2 3, 4] which reveals plans to spy on one's meal, not just people. Incredible! Incredibly spooky. Maybe such patents will one day be passed to trolls; Microsoft loves passing patents to trolls.

Statistics



Numbers associated with trolls continue to be alarming. As this tweet put it the other day: "Of the 29 patent suits filed yesterday, 25 were filed by patent trolls -- that's 86%. It's time to #FixPatents"

This is pretty normal. The proportion of patent lawsuits that are filed by trolls is very high.

What will it take to weed out the trolls? There is no secret formula.

When patent law firms dump patent trolls (which happens) there is this interesting situation which Patently-O remarked on a few days ago. It said: "I’ve discussed a few times this fight over whether a patent assertion entity should be required to pay full hourly fees, or anything, to a firm that dumped it after losing the case on summary judgment, when the client hired another firm, got the case reversed on appeal by paying hourly rates to the new firm, and later settled the case for significant money."

The problem is, each time a law firm rejects such business (it does happen) the troll will turn to less ethical and potentially nastier firms.

See this new article from Mobile Mag. "Eighty percent of patents litigated by PAE’s are acquired from operating companies through bankruptcies," it says. Here are some of the interesting figures:

The PAE or patent assertion entity problem is big and growing, posing a threat to startups and established companies alike, costing companies millions in defensive litigation fees and diverting money that would be better spent on innovation. However, unlike big companies with money to spend on litigation, PAE’s or “patent trolls” greatly affects startups and small entrepreneurs due to patents with supposedly questionable quality. More than 10,000 companies have been sued at least once by a patent trolls, and these PAE trolls file 84 percent of high-tech patent lawsuits a year. Over the past decade, there has been a 500% growth in patent troll lawsuits, and research from the Boston University School of Law found that PAE litigation results in $80 billion in lost wealth annually.

[...]

It’s also a reactive course of action. It protects the defendant company, but it is not the only way to combat the patent troll problem as a whole. Eighty percent of patents litigated by PAE’s are acquired from operating companies through bankruptcies, special funds, or even through a direct sale if a company is looking to boost its revenue. Companies, because of financial pressure or to recoup expenses upon folding, might sell off their patents or license the assertion rights to a PAE for a percentage of any money extracted. Cutting off this supply is one way to go about fighting PAE’s.


How can one defend oneself? It certainly has become rather hard.

"More than 10,000 companies" have experienced lawsuits from patent troll/s, according to another new report which says: [via]

More than 10,000 companies have been sued at least once by a patent troll, and patent trolls file 84 percent of high-tech patent lawsuits a year. Over the past decade, there has been a 500 percent growth in patent troll lawsuits, and research from the Boston University School of Law found that PAE litigation results in $80 billion in lost wealth annually.


See where the money goes and comes from? What is the use of that?

China Replaces US as Trolls' Hub



We have recently been writing many articles about SIPO's misguided policies, which are guaranteed to tax the whole Chinese industry for the sake of trolls and law firms. Yes, patent maximalism in China is now killing startups and companies in China, just as we predicted last year. Even IAM, which promotes this, cares to admit that by stating that "YouOn was a relatively late entrant to China’s billion dollar bike sharing market, but it hoped to be the first such company to go public. Now, the Jiangsu-based firm’s share float is on hold after an individual inventor’s patent suit and complaint to regulators caused a minor media storm. Bringing patent suits against companies about to go public is certainly not a new strategy, but the environment in China could make it a particularly effective one there."

Thankfully, the political momentum in the US right now (and media framing) seems to be curbing or at least slowing down trolls. See this new article from lobbyists' press. [via]

For a change, it gives a platform not to some lobbyists (it often spews out patent propaganda from patent politicians) but to "Austin Meyer is the owner and developer of X-Plane, a flight simulator based in South Carolina. Michael Skelps is the General Manager of Capstone Photography based in Connecticut. Eric Rosebrock is the developer of iDrumTech and other apps, and is based in Florida."

To quote some portions:

As three entrepreneurs from South Carolina, Connecticut and Florida working in different lines of business, we have encountered a variety of stumbling blocks in starting our own companies. But one barrier in particular has challenged our abilities to thrive: abusive litigation from patent trolls.

We have seen firsthand how our broken patent system incentivizes patent trolls to target small businesses with frivolous and onerous litigation. Unlike entrepreneurs who strive to bring their innovations to better consumers’ lives – bringing jobs and other benefits to their local communities in the process – patent trolls do not contribute anything of value to society. Instead, they simply buy up vague, low-quality patents – many of which never should have been granted in the first place – and use them to launch patent infringement litigation against innovative businesses.

[...]

It’s time for Congress to once and for all close the loopholes that patent trolls exploit to target American businesses and to preserve our ability to challenge the low-quality patents wielded against us. By supporting the important gains that the courts and the U.S. Patent and Trademark Office have started to make in cleaning up our broken system, as well as legislative reform efforts, members of Congress can have a real impact on the strength and vitality of the small businesses in their districts, states and around the country. Patent trolls impose a tax on innovation; remove this burden, and watch Main Street businesses thrive.


We predict that in the coming years the overall number as well as proportion of patent troll lawsuits in the US will decline, whereas in China everything will go up. Up litigation-wise! That's not a desirable thing, unless one works in the patent 'industry' (a predator).

Recent Techrights' Posts

IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
 
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day
Slop About "linux" in Google News
Once people recognise that those sites are fake it's hard to 'unsee' what they are
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part V - Attempts to Take Down and Suppress Criticism of Back Doors Controlled by Microsoft and the American Government
The cost of maintaining illusions
Slides From the European Patent Office (EPO) Explain Why They're Striking, How They're Striking, and What Comes Next
A week from now the strike will go ahead
GAFAM Datacentres Are Facilities of War, So Risk of Downtime by Missiles or State-Sponsored Cracking Has Vastly Increased
How safe is your business in "clown computing" or DCs marked as some "legitimate targets" at wartime?
Companies That Take Away Blood and Sweat From the Community to Sell a Ponzi Scheme to Everybody
We need Free software that is run by communities
1,234 People Gather Online to Plan Next EPO Strikes and Other Industrial Actions
yesterday an online gathering orchestrated the next moves by EPO staff
Links 11/03/2026: Fake Videos Swarm YouTube, "Ukraine Can Now Manufacture ‘China-Free’ Drones"
Links for the day
Gemini Links 11/03/2026: Lagrange for iOS and Android and "Turning a Folder of Git Repos Into Project Launcher"
Links for the day
Kafkaesque: Unlawful Activities in the UK to Cover Up Unlawful Activities in the United States of America
Why is bribery and even extortion seen is OK? Because rich people do those things?
Former IBM Executive, Ron Hovsepian, Doomed S.u.S.E. (SUSE)
SUSE is like a child nobody wants to raise
Quiet Layoffs or Silent Layoffs Alleged at Microsoft
Will some investigative journalists do their job now and ask Microsoft tough questions?
After a Long Lull LinuxTeck (linuxteck.com) Came Back Only as a Slopfarm
Unlike Linuxiac, LinuxTeck wasn't very active in recent years
Links 11/03/2026: EPO and USPTO Software Patents Thrown Out Again, Copyright Concerns Over Slop (Plagiarism Using Buzzwords)
Links for the day
Microsofters' SLAPP Censorship - Part 9 Out of 200: 5RB Barrister Does Not Even Know the Name of His Own Client (That He Was Paid Well Over $200,000 to 'Speak' or 'Cover' for)
If you assault women in the United States, there's a barrister available for you in the UK
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026
Geminispace Continues to Grow
Geminispace Will Soon Have 5,000 Capsules
Very Little Slop About "Linux"
We hope to see slop eradicated by year's end
BBC Lied for Its Longtime Sponsor (Bribes for 15+ Years) Bill Epsteingate, in Effect Covering Up Sex Trafficking of Underage Girls
The state of the media is truly awful
Microsoft GitHub is Not Free Hosting and It Won't Last
Not for much longer [...] Microsoft is afraid to say that it is pulling the plug, but it seems inevitable
Mass Layoffs at Microsoft, March 2026
When will the media properly investigate this?
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part IV - Escalating to Ministers, Explaining the Severity of These Matters
British Sovereignty at Stake
"The Lost Generation" Came Back, This Time Literally
Based on my limited experience with young people ("alphas"), they're lost
IBM is Not Likely to Survive Another Decade
Despite having already survived over a century [...] Last week we saw claims that some company would likely acquire IBM for its remaining assets
IBM Has Just Been Sued Again by Its Own Staff (This Time a Manager, Stephen P. Gutierrez)
IBM's behaviour towards its staff can prove costly
When a Company Says Its Layoffs are "Due to AI" Check the Debt (Typically the Real Reason for Mass Layoffs)
The mass layoffs at Microsoft continue, but Microsoft hides those in some of the same ways IBM does
Doing More With Less
primacy of concepts rather than bells and whistles
Andy and Helen in Cybershow on Divesting From the United States' Technology and Politics
It is no longer considered a taboo to say this and it's not "anti-American" because many Americans can relate to and agree with such criticism
Links 10/03/2026: "GEMA v. Suno Copyright Case" and "Valve Faces PRS Lawsuit Over Allegedly Unlicensed Steam Music"
Links for the day
Gemini Links 10/03/2026: Woods in UK, Slop Laziness, and "Small Technology and Small Economic"
Links for the day
Garrett Announces LibreLocal Instance in Northampton, Massachusetts (USA)
his message was the only one last month
Microsofters' SLAPP Censorship - Part 8 Out of 200: Gross Misuse of UKGDPR to Protect the Agenda of American Back Doors (Mass Surveillance)
Responding to bunk claims regarding UKGDPR and claims of 'analytics' in our sites
Links 10/03/2026: Oil Prices Rising, South Korean/US Military Assets Redirected
Links for the day
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026