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

08.03.17

Trolls Roundup: Buying up the Competition Using Patents and the Post-TC Heartland Figures

Posted in America, Asia, Patents at 1:54 am by Dr. Roy Schestowitz

Patent tax in a new gown/clothing

Equity (finance)
Reference: Equity (finance)

Summary: The latest trends in patent trolling, an activity which relocates and evolves rather than simply vanish

THE USPTO used to be the most patent trolls-friendly office and the US in general the most patent trolls-infested country. The term was obviously coined there.

“Trolls are shrinking or dismantling themselves.”Right now it’s China which is rapidly becoming the cesspool of patent trolls (the US gradually stops being that), so the patent microcosm is envious of China. It can't stop mentioning "China!" all the time (Watchtroll did that again this week) because it’s infested with trolls and lawsuits. But who really benefits from that other than the patent microcosm?

The matter of fact is, under Michelle Lee the system has been cleaning up its act and the Supreme Court contributed to this. Trolls are shrinking or dismantling themselves.

“The matter of fact is, under Michelle Lee the system has been cleaning up its act and the Supreme Court contributed to this.”This optimism should not signal apathy, however, as trolls are evolving in a way.

Consider for example what Dominion Harbor [1, 2] is doing and mind yesterday’s news about this pool (the press is framing it as “for startups”, but the opposite is true).

To quote Bloomberg:

A handful of large patent holders, including telecom giant AT&T Inc., have agreed to pool patents for sale to startups in exchange for equity when the up-and-coming companies raise venture capital funds.

Patent advisory and transaction firm Aqua Licensing said Aug. 2 in a statement that it will launch a program to match startups looking to purchase intellectual property to defend against potential litigation with patent holders interested in selling patents that aren’t essential to their core businesses.

AT&T, Lenovo and Rambus were loathsome enough even before they entered this scheme. Here is how IAM put it:

The new platform has echoes of similar initiatives from the likes of Dominion Harbor and InterTrust who have both looked to create value from patents by offering start-ups defensive cover and providing those businesses advice on patent strategy in exchange for equity. What marks this new initiative out however is the backing of some seriously heavyweight operating businesses that are looking to use IP which might otherwise remain unused and be a drag on their balance sheets.

So this is done “in exchange for equity.” We added the image at the top for the uninitiated or those unfamiliar with accounting terminopoly. How is that beneficial at all? They are using patents for financial leverage over small companies. We expect to hear more about this in the coming days/weeks, but it’s a form of predation. The above blog post compares it to InterTrust, which is a horrible patent bully.

“They’re simply evolving and attempting to make money out of patents without litigating.”What we have here is a bunch of already-controversial companies (for surveillance, patent bullying and hostility towards GNU/Linux) trying to put a happy face on their behaviour. They’re simply evolving and attempting to make money out of patents without litigating. It’s a form of ‘protection’ money. Microsoft too changed its methods.

Incidentally, TC Heartland has had a negative impact on classic trolls, as expected.

Uniloc tops plaintiff ranking,” Managing IP says this week, but much of the attention has moved to whether cases can move out of Texas:

In the first half of 2017, TC Heartland became the talk of the town. Many of the most unsettled questions of patent law moving into the second half stem from the Supreme Court’s May 2017 decision.

Writing behind paywall, IAM “show[s] the share of new patent litigation cases filed in selected federal districts before and after the US Supreme Court decision in TC Heartland LLC v Kraft Foods Group Brands LLC. The ruling held that, as applied to domestic corporations, ‘residence’ in the patent venue statute Section 1400(b) refers only to the state of incorporation.”

“We expect the patent aggressors to generally come up with new ways to extract money out of small businesses, with or without lawsuits.”There was another article about this, titled “Does TC Heartland signal the end of East Texas’ dominance?”

We expect the patent aggressors to generally come up with new ways to extract money out of small businesses, with or without lawsuits. The above initiative is a reminder of this threat (akin to MPEG-LA, which also attempts to reinvent itself now that key MPEG patents are expiring/expired).

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. When Google Used Alex Converse to Raid the Public Domain With Software Patents

    In its overzealous pursuit of software patents, Google is now turning public domain methods into private 'property' (in defiance of critics)



  2. Mark Kokes, the Man Behind BlackBerry's Patent Aggression, Leaves the Company

    The man behind the patent troll-like behaviour of BlackBerry is leaving



  3. WordPress Demonstrates That Facebook's Patent Strategy is Deterring/Alienating Developers

    React is being dumped following Facebook's attempt to restrict distribution/derivatives using software patents



  4. Links 19/9/2017: Pipewire, Mir Support for Wayland, DRM in W3C

    Links for the day



  5. Links 18/9/2017: Linux 4.14 RC1, Mesa 17.2.1, and GNOME 3.26 on Ubuntu Artful

    Links for the day



  6. Patent Trolls Update: Eolas, Conversant (MOSAID), Leigh Rothschild, and Electronic Communication Technologies

    Patent trolls are still being watched -- as they ought to be -- even though some of them shy away, hide from the media, engage in dirty tricks, and file more lawsuits



  7. Microsoft is Promoting Software Patents in India in Another Effort to Undermine Free/Open Source Software, Microsoft-Connected Trolls Are Still Suing

    The ongoing patent threat to Free/libre Open Source software (FLOSS) and the role played by Microsoft in at least much of this threat



  8. Patent Trial and Appeal Board (PTAB) Under Attack by IBM and Other Patent Parasites Who Undermine Patent Quality

    The PTAB, which has thus far invalidated thousands of abstract/software patents, is under a coordinated attack not by those who produce things but those who produce a lot of lawsuit



  9. Why the Mohawk Tribe Should Fire Its Lawyers and Dump the Patents Which Now Tarnish Its Name

    In order to dodge the Patent Trial and Appeal Board (PTAB) with its Inter Partes Reviews (IPRs), the Mohawk tribe is being exploited -- very much in direct detriment to its reputation and status



  10. Amazon and Google Have Both Become Part of the Software Patents Problem

    The transition from so-called 'defensive' patents to offensive patents (ones that are used to suppress competition) as seen in Amazon and in Google, which is already suing rivals and is pursuing additional patents by acquisition



  11. Unless Physical, Inventions Are No Longer Patent-Eligible in US Courts, But USPTO Ignores Precedence

    Even though the ability to enforce software patents against a rival (or many targets, especially in the case of patent trolls) is vastly diminished, the US patent office continues to grant these



  12. Citing the European Patent Convention, Spanish Court Tosses Lawsuit With EPO-Granted European Patent

    The quality of European Patents (EPs) -- a subject of growing levels of scrutiny -- as demonstrated in Barcelona this summer



  13. Links 16/9/2017: More of “Public Money, Public Code”, Equifax Failed to Patch for Months

    Links for the day



  14. BlackBerry Has Turned Into a Patents and Licensing Company

    The Canadian company that made fairly reputable phones early in this century is left with nothing but the power to sue other companies -- a power to which it increasingly gravitates



  15. European Patent Office Continues to Paint a Rosy UPC Picture Even Though the UPC May Already be Dead

    The European Patent Office (EPO) doesn't let facts get in the way as another week passes with UPC promotion and further staff repressions



  16. Tax Evasion by Patent Boxes and Lies About Small Businesses (SMEs) in the Corporate Media

    The lobbying effort of the patent 'industry' -- and its largest beneficiaries -- paints its own perks as something that's intended for their small/minuscule competitors (whom they actually attempt to misrepresent and crush)



  17. Links 15/9/2017: Mesa 17.2.1 RC, Wine 2.17, WordPress to Ditch React Over Patents

    Links for the day



  18. The UPC Fantasy is Going Nowhere as Complaints and Paperwork Pile Up

    Many submissions and complaints about the Unitary Patent have time to arrive before the end of October as a decision on the matter seems as distant as 2018



  19. At Event of EPO SLAPP Firm, a Suggestion That the UPC Should be Scrapped Because It's Stuck

    Just like the TPP, the UPC is now in a potentially fatal deadlock, so people with a stake in the outcome consider starting again (almost from scratch)



  20. Watchtroll Helps the EPO Peddle Fake News About the Unitary Patent (UPC)

    The Unified Patent Court (UPC) isn't happening; the EPO, however, keeps on pretending that it can already operate as though the UPC got the green light



  21. Links 14/9/2017: Plasma 5.11 Beta, Q4OS 1.8.8, Orion

    Links for the day



  22. Links 13/9/2017: Blender 2.79, Qt 5.10 Alpha, GNOME 3.26 “Manchester”, Parrot 3.8

    Links for the day



  23. Amazon's Infamous Patent is Dead and the World's Richest Man Failed to Fulfill His Promise on Software Patents

    Amazon continues piling up a lot of software patents even though its founder once pretended (only after enormous public backlash) that he would pursue far shorter terms for software patents



  24. EPO Gets Together With Patent Radicals to Promote Software Patents

    Watchtroll, a widely-known site of patent extremists with the agenda of promoting software patents, gets together with the EPO for a puff piece in the form of an "exclusive" interview



  25. Patent Boxes Are for Tax Avoidance, But in the Land of Tax Avoidance (Switzerland) No Avoidance for Software Patents

    The world leader in European Patents (EPs) refuses to acknowledge software patents or barely respects these



  26. Latest Attempts to Blow Air Into the Sails of the Sinking Unitary Patent (UPC)

    A survey of the latest media mentions and interpretations of the UPC, which don't quite stack up when compared to reality



  27. Links 12/9/2017: Linux 4.13.1, digiKam 5.7.0

    Links for the day



  28. Patent Maximalism Duo: Watchtroll and Patently-O Now Conjoined and Mutually Referencing One Another

    Radical sites like Watchtroll are spreading their ideology and harassment tactics to sites such as Patently-O, run by Dennis Crouch from the University of Missouri School of Law



  29. Complaints About Google Patents, R3 Patents, and the EFF's Campaign of Exposing/Disarming Patent Trolls

    A mix of interesting developments surrounding patents, including a nasty campaign by Dominion Harbor Group to smear patent reformers



  30. Latest Assaults on PTAB and More PTAB Bashing, This Time by Anticipat

    The Patent Trial and Appeal Board (PTAB), which helps eliminate patents granted in error (a lot of software patents), is still besieged by the patent 'industry'


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