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's CEO Makes No Sense
"IBM CEO Aravind Krishna on what’s really driving tech layoffs"
Of Course GNU/Linux Has Reached All-Time High in Africa in 2026
Africa will, on average, gravitate towards Free software or whatever costs less
IBM Buys, Then Disposes/Sacks, the Staff (That It Paid For)
Any money gained is spent buying some more companies to add/join up their revenue, even if the debt surges and there's little integration going on (misfits absorbed)
Time for Microsoft to Rebrand to Fit the Vapourware (Ponzi Scheme)
something between Meta and Alphabet
The Real GNU Anniversary (Not Manifesto or Announcement) is Today
the development, not the manifesto
GNU/Linux Usage Said to Have Doubled in Oceania
it's hard to discount or dismiss Oceania as a bunch of "coconut islands"
No, Writing Isn't in Decline, Some of the Large and Centralised Platforms Are
Slop isn't really competition, just a passing fad and pure noise
 
Dr. Andy Farnell on Technology That Harms People (and Lack of Regulation Which is Needed to Address This Problem)
Dr. Farnell's article is long but well worth reading
GNU/Linux Rising to 5% in Cameroon and It's Hardly the Exception
"AI" is just a smokescreen as losses pile up
Rumours: Microsoft to Lay Off 12,500-25,000 Workers Soon (Tentatively Wednesday, 15 Days From Now)
"Layoffs are coming third full week of Jan. Likely 21st but these things can move around a bit based on last minute developments."
EPO People Power - Part XXVI - European Media Has Become Part of the Problem
it is as clear as daylight that Cocainegate is real
IBM 2026 "Organizational Change/s" Means Layoffs Resume Soon, Some Claim "Forever Layoffs."
It's about "narrative control"
Microsoft Layoffs in January 2026
Get ready
Google Still Boosting Slopfarms
Slopfarms will probably all perish as soon as Google News quits sending them visitors
Links 06/01/2026: Cryptocurrency Scam Emails and Greenland's Fear of Getting 'Venezuelad'
Links for the day
Links 06/01/2026: DIY Projects and Inertial Music
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 05, 2026
IRC logs for Monday, January 05, 2026
To The Register MS, ARM Means Microsoft Windows (Follow the Money)
the Free software community can campaign and run sites (like the one below), but it cannot afford to bribe so-called 'news' sites like Microsoft and its OEMs do
Links 05/01/2026: Tensions in Korea, Ukrainians See "Double Standard" in a US Russia-Style Invasion
Links for the day
Gemini Links 05/01/2026: Farewell to CBS Reality, Being On-Call, Digital Ad Spendings
Links for the day
Remember That Nobel Prizes Are All Named After the Inventor of Explosives (Even a "Nobel Prize for Peace")
These rewards are only as valuable as the reputation they earn for themselves
Baidu and Yandex Have Overtaken Microsoft in Asia
how about all the Bing layoffs?
Googlebombing for Bill Epsteingate
Maybe the slopfarms too can help him cover up
From GNU/Linux Boosting to Slop-Boosting Career
It is sad to see someone who devoted many years of his life producing GNU/Linux stories stooping down to this "AI" boot-licking
Links 05/01/2026: Slop Ruining Children's Minds, "Complicity of the Press in US Violence"
Links for the day
Microsoft's Windows Falls Below 20% in the UK
After a lot of years of advocacy and hard work
There's No Such Thing as "AI Godfather", Stop Repeating This Pure Nonsense!
Infantile or corruptible media that plays along with slop or uses slop will perish
Gemini Links 05/01/2026: "Poverty and Hunger", "Entrepreneurial Family", "Abandoning Obsidian for Logseq"
Links for the day
Links 05/01/2026: A Shrinking Canadian Economy, Brigitte Bardot's Environmentalism Recalled, Unredacted Epstein Files
Links for the day
Microsoft Allegedly Uses Performance Improvement Plans (PIPs) to Hide the Massive Scale of Company-Wide Layoffs
Just like IBM; they meanwhile talk a bunch of nonsense about "AI" to distract from their commercial calamity
Battles Are Won in the Court of Public Opinion
Many "systems" rely on the mere perception or appearance of legitimacy
GNU/Linux Share in Mongolia More Than Doubles
they probably lack any genuine excitement for "hey hi PCs"
Whistleblowing is About Understanding Boundaries and Risks
The bottom line is, people typically find out the truth at the end
EPO People Power - Part XXV - While EPO Managers Snort Cocaine the Staff Compiles 'Insurance Files' to Expose EPO Corruption
In this increasingly authoritarian world we need more whistleblowers
"The European Patent Reform" That Represents a Gross Violation of Laws, Constitutions, and Conventions (in Order to Make the Rich Even Richer, Mostly Outside Europe)
How far and how long will EPO corruption go?
The Reputation Issue Is Not Our Fault
Trying to squash words (and people) merely diverts more attention to them
GNU/Linux Distribution "Ultimate Edition" Fixes Its Web Site (Apparently Compromised Months Ago)
they dealt with the issue before media shame and a catastrophe of trust
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 04, 2026
IRC logs for Sunday, January 04, 2026
Gemini Links 04/01/2026: 64-bit Addressing and 39th Chaos Communication Congress
Links for the day
Windows Was Always the Punchline
What did we count to calculate taxes?
GNU/Linux Surges to About 4% in Peru This Year
one of the poorest counties in America
This Year Our Adoption of IRC Turns 18
We have used IRC for this site since 2008
The Doors Are Closing, Windows Closing Too
Microsoft wants more vendor lock-in, but at risk that this desire will simply alienate and drive away many users
The FSF's Program Manager, Dr. Miriam Sabrina Bastian, Left in October to Lead Climate School
We are not sure why Miriam Bastian decided to leave the Free Software Foundation (FSF)
Outline of Slop, LLMs, IBM, and Things to Come
This coming week and weekend will be very productive irrespective of how much "news" gets published by other sites
Links 04/01/2026: War Without Borders, "Large Hadron Collider Being Shut Down"
Links for the day
Links 04/01/2026: US Imperialism in Greenland and Venezuela, "Climate Protesters Face Greater Risk of Crackdown Amid Rising Authoritarianism"
Links for the day
2026 Should be the Year We All Stop Saying "AI" and Call Things What They Really Are
Don't give anyone the satisfaction of this misguided belief there's any intelligence there
Ponzi Schemes Are Useful (to Corrupt CEOs)
Pathetic, corruptible so-called 'media' is bagging bribes to perpetuate the lies about "AI" (slop)
GNU/Linux at All-Time High in Algeria
In 2026 it hit a new all-time high
Online Mobbing (and Worse) Disguised as 'Free Speech'
People who say they believe in "free speech" have been trying hard to silence RMS and squash the FSF
A 'Cancer That Attaches Itself' to Bulgaria?
"Cancer" is what Microsoft called GNU/Linux
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 03, 2026
IRC logs for Saturday, January 03, 2026
Body-Shaming Using Fakes
a lot of the people who casually claim "defamation" are themselves defaming loads of people every day
GNU/Linux "Market Share" in Switzerland More Than Doubled Last Year, Based on statCounter
GNU/Linux continues its considerable growth
EPO People Power - Part XXIV - Today or Tomorrow You Should Write to National Representatives (Delegates) at the EPO in Your Country
Keep up the pressure!
Red Hat and IBM Layoffs, Staff Kept Quiet About it, WARN Act Skirted/WARN Notices Avoided
What a terrible company to be in
XBox Layoffs Imminent, More Appalling Sales Figures Published
Expect many layoffs in the gaming division