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

11.04.17

The Patent Trolls’ Lobby Advocates More and More Patent Lawsuits (Litigation ‘Industry’ Profits)

Posted in America, Apple, Europe, Patents at 11:11 pm by Dr. Roy Schestowitz

Gene Quinn

Summary: Trolls’ ‘front groups’ such as IAM and Watchtroll would have us believe that without patent Armageddon we’ll be worse off, but the very opposite is true

Patent radicals want an ‘industry’ of patents and lawsuits rather than actual products. It’s quite revealing what agenda they’re pursuing. The other day Watchtroll put a slant on a controversial FOSS licence. It is appalling. The patent trolls’ lobby (Watchtroll is a key part of it) shows very poor taste. Actual production/development they now dub “efficient infringement” and they ask: “What kind of lawsuits did Facebook find to be frivolous ones? Well, pretty much any lawsuit including a claim for patent infringement…”

“The patent trolls’ lobby (Watchtroll is a key part of it) shows very poor taste. Actual production/development they now dub “efficient infringement”…”As if lawsuits, by definition, are a desirable thing. They’re not. They’re a last resort and better off avoided in the area of software (except when copyrights are involved and differences cannot be settled amicably). On another day Watchtroll published this piece titled “Patent-Based Financings: Unlocking Licensing Revenues While Mitigating IP Monetization Risks” (a pile of nonsensical euphemisms from Michael Gulliford, Fatih Ozluturk , Salomon Kamalodine and Michael Guzman). They say “[p]atent monetization has become nearly impossible for middle-market technology companies without engaging in some level of legal action.”

Well, legal actions too — especially in the area of software — turn out to be a waste of time, money, and productivity.

“As if lawsuits, by definition, are a desirable thing. They’re not.”What else have they got? Snap/quick injunctions? Blackmail by financial sanctions?

TiVo, which uses patents for embargo wars through the International [sic] Trade Commission (ITC), has just managed to get “licensing” deals with a bunch of large firms. As Fierce Cable put it a few days ago:

TiVo said that it has signed patent-licensing agreements with AT&T, Liberty Global and Sony for Sony’s PlayStation Vue service. However, the company’s patent-licensing battle with Comcast remains ongoing, though TiVo executives said they expect the International Trade Commission (ITC) to issue a definitive ruling on the issue by Thursday of next week.

[...]

Nonetheless, TiVo’s Carson said yesterday that the company remains hopeful that the ITC will issue a final ruling that would require Comcast to become a TiVo licensee. “We remain hopeful that the ITC will affirm the key aspects from the initial determination, including the exclusion order barring Comcast from importing infringing products,” he said.

So basically, they use the threats of embargo to extract money. The EPO is pursuing something similar with the UPC. Boards (as in appeal boards) are being marginalised and costly litigation is seen as the only way forward. To quote a new comment regarding the Boards:

In older days, in Germany, equivalents were considered under the heading novelty. At least in EPO practice, equivalents are excluded when it comes to novelty. And that is why we have a coherent set of case law from the Boards.

I dare think of the consequences if this would not be any longer the case. Then the all set of decisions of the BA on novelty, priority, added matter would become obsolete.

Where would we end with the certainty presently found in the case law of the Boards being put aside?

Now that the Boards have been set aside (in Haar) we can expect the likes of TiVo to proceed to litigation with low-quality (and sometimes software) patents. Will embargo attempts come? We are already seeing it in Germany. Trolls’ activity is soaring there.

We have already named other firms that are doing what TiVo likes to do. Recently, Qualcomm and Cisco did that. Apple and Arista were their targets of embargo, respectively. Who benefits from such embargoes? Certainly not the public. Apple, for its own part, has done things similarly to Qualcomm. This Web site which exists only to glorify and adore Apple’s patents (which are typically nonsense) shows some of Apple’s latest stockpiling. Who will Apple target next (as sales of its key products gradually diminish)?

“Who will Apple target next (as sales of its key products gradually diminish)?”We remain worried that the influence of the US patent microcosm is spreading to Europe (our previous post was a reminder of that). Here in Europe software patents are already being granted by the EPO; they just get framed as “hardware”. It’s not a new trick. “CrossLayer™ technology enables software and hardware ecosystems to be deployed on-site at the building,” this press release said a few days ago. They also use buzzwords like “cloud” (in the headline) and they basically brag about a patent application. That’s the sole purpose of this press release.

Sooner or later, if granted a patent in Europe, they could become another TiVo, i.e. a serial litigator.

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. More Media Reports About Decline in Quality of European Patents (Granted by the EPO)

    What the media is saying about the letter from Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner whilst EPO communications shift attention to shallow puff pieces about how wonderful Benoît Battistelli is



  2. Beware Team UPC's Biggest Two Lies About the Unitary Patent (UPC)

    Claims that a Unified Patent Court (UPC) will commence next year are nothing but a fantasy of the Liar in Chief, Benoît Battistelli, who keeps telling lies to French media (some of which he passes EPO money to, just like he passes EPO money to his other employer)



  3. Diversity at the EPO

    Two decades of EPO with 16-17 years under the control of French Presidents (and nowadays predominantly French management in general with Inventor Award held in France almost half the time) is "diversity at the EPO"



  4. Orrin Hatch, Sponsored the Most by the Pharmaceutical Industry, Tries to Make Its Patents Immune From Scrutiny (PTAB)

    Orrin Hatch is the latest example of laws being up for sale, i.e. companies can 'buy' politicians to act as their 'couriers' and pass laws for them, including laws pertaining to patents



  5. Links 17/6/2018: Linux 4.18 RC1 and Deepin 15.6 Released

    Links for the day



  6. To Keep the Patent System Alive and Going Practitioners Will Have to Accept Compromises on Scope Being Narrowed

    35 U.S.C. § 101 still squashes a lot of software patents, reducing confidence in US patents; the only way to correct this is to reduce patent filings and file fewer lawsuits, judging their merit in advance based on precedents from higher courts



  7. The Affairs of the USPTO Have Turned Into Somewhat of a Battle Against the Courts, Which Are Simply Applying the Law to Invalidate US Patents

    The struggle between law, public interest, and the Cult of Patents (which only ever celebrates more patents and lawsuits) as observed in the midst of recent events in the United States



  8. Patent Marketing Disguised as Patent 'Advice'

    The meta-industry which profits from patents and lawsuits claims that it's guiding us and pursuing innovation, but in reality its sole goal is enriching itself, even if that means holding science back



  9. Microsoft is Still 'Cybermobbing' Its Competition Using Patent Trolls Such as Finjan

    In the "cybersecurity" space, a sub-domain where many software patents have been granted by the US patent office, the patent extortion by Microsoft-connected trolls (and Microsoft's 'protection' racket) seems to carry on; but Microsoft continues to insist that it has changed its ways



  10. Links 16/6/2018: LiMux Story, Okta Openwashing and More

    Links for the day



  11. The EPO's Response to the Open Letter About Decline in Patent Quality as the Latest Example of Arrogance and Resistance to Facts, Truth

    Sidestepping the existential crisis of the EPO (running out of work and issuing many questionable patents with expectation of impending layoffs), the PR people at the Office choose a facts-denying, face-saving 'damage control' strategy while staff speaks out, wholeheartedly agreeing with concerned stakeholders



  12. In the United States the Patent Trial and Appeal Board, Which Assures Patent Quality, is Still Being Smeared by Law Firms That Profit From Patent Maximalism, Lawsuits

    Auditory roles which help ascertain high quality of patents (or invalidate low-quality patents, at least those pointed out by petitions) are being smeared, demonised as "death squads" and worked around using dirty tricks that are widely described as "scams"



  13. The 'Artificial Intelligence' (AI) Hype, Propped Up by Events of the European Patent Office (EPO), is Infectious and It Threatens Patent Quality Worldwide

    Having spread surrogate terms like “4IR” (somewhat of a 'mask' for software patents, by the EPO's own admission in the Gazette), the EPO continues with several more terms like “ICT” and now we’re grappling with terms like “AI”, which the media endlessly perpetuates these days (in relation to patents it de facto means little more than "clever algorithms")



  14. Links 15/6/2018: HP Chromebook X2 With GNU/Linux Software, Apple Admits and Closes a Back Door ('Loophole')

    Links for the day



  15. The '4iP Council' is a Megaphone of Team UPC and Team Battistelli at the EPO

    The EPO keeps demonstrating lack of interest in genuine patent quality (it uses buzzwords to compensate for deviation from the EPC and replaces humans with shoddy translators); it is being aided by law firms which work for patent trolls and think tanks that propel their interests



  16. Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner Find the Courage to Express Concerns About Battistelli's Ugly Legacy and Low Patent Quality

    The astounding levels of abuse at the EPO have caused some of the EPO's biggest stakeholders to speak out and lash out, condemning the Office for mismanagement amongst other things



  17. IAM Concludes Its Latest Anti-§ 101 Think Tank, Featuring Crooked Benoît Battistelli

    The attack on 35 U.S.C. § 101, which invalidates most if not all software patents, as seen through the lens of a Battistelli- and Iancu-led lobbying event (set up by IAM)



  18. Google Gets Told Off -- Even by the Typically Supportive EFF and TechDirt -- Over Patenting of Software

    The EFF's Daniel Nazer, as well as TechDirt's founder Mike Masnick, won't tolerate Google's misuse of Jarek Duda's work; the USPTO should generally reject all applications for software patents -- something which a former Commissioner for Patents at the USPTO seems to be accepting now (that such patents have no potency after Alice)



  19. From the Eastern District of Texas to Delaware, US Patent Litigation is (Overall) Still Declining

    Patent disputes/conflicts are increasingly being settled outside the courts and patents that aren't really potent/eligible are being eliminated or never brought forth at all



  20. Links 13/6/2018: Cockpit 170, Plasma 5.13, Krita 4.0.4

    Links for the day



  21. When the USPTO Grants Patents in Defiance of 35 U.S.C. § 101 the Courts Will Eventually Squash These Anyway

    Software/abstract patents, as per § 101 (Section 101) which relates to Alice Corp v CLS Bank at the US Supreme Court, are not valid in the United States, albeit one typically has to pay a fortune for a court battle to show it because the patent office (USPTO) is still far too lenient and careless



  22. Buzzwords and Three-Letter Acronyms Still Abused by the EPO to Grant a Lot of Patents on Algorithms

    Aided by Microsoft lobbying (with its very many patent trolls) as well as corrupt Battistelli, the push for software patenting under the guise of "artificial intelligence" ("AI") carries on, boosted by Battistelli's own "Pravda" (which he writes for), IAM Magazine



  23. The United States is Far Better Off With the Patent Trial and Appeal Board (PTAB), So Why Do Lawyers Attack It?

    The anti-PTAB lobby (which is basically the pro-troll or pro-litigation lobby) continues to belittle and insult PTAB, having repeatedly failed to dismantle it; in the meantime PTAB is disarming several more patent trolls and removing from the system patents which were granted in error (as well as the associated lawsuits)



  24. Links 12/6/2018: Neovim 0.3 and Wine 3.10

    Links for the day



  25. Corrupt Benoît Battistelli Promotes Software Patents in IAM's Patent Trolls-Funded Event in the United States

    With less than 3 weeks remaining for Battistelli's term he engages in gross revisionism, lobbying, and even looting of the patent office



  26. The EPO's 'Expert' Georg Weber is Still Advocating Software Patents in Europe (But He Disguises Them Using Buzzwords)

    The EPO's overzealous support for software patents continues unabated while the European Parliament looks the other way; this is part of the plan to expand patent scope in Europe and flood the continent with low-quality patents (causing a ruinous litigation boom like in China)



  27. Battistelli's EPO is Outdoing North Korea When It Comes to Propaganda and Abuses Against Staff

    Battistelli’s ‘scorched Earth’ approach — his sole legacy at the EPO — has left many workers in mental breakdowns (if not dead), but to celebrate the ‘Battistelli years’ three weeks before the end of his term the Office issues new propaganda material (pertaining exclusively to the Battistelli years, 2010 to 2018) while Battistelli-leaning media offers ‘cover’



  28. IPBC, a Patent Trolls-Funded Event of IAM, is Advancing the Attacks on Section 101/Alice

    Andrei Iancu preaches to the litigation 'industry' in an event (lobbying opportunity) organised by the patent trolls' lobby, IAM



  29. PTAB Carries on Undeterred and Unabated, Courts Are Becoming Less Tolerant of Low-Quality Patents

    With the shift away from the Eastern District of Texas (EDTX) and with PTAB applying growing levels of scrutiny to patents the likelihood that abstract patents will endure at the patent office or the courts is greatly diminished



  30. Apple v Samsung Not Over, Hearing on a New Design Patent Trial Next Month

    Apple's legal battles against phones that have Linux inside them simply aren't ending; meanwhile, there's more evidence that Apple would be wise to simply push for patent reforms, namely further restrictions on patent scope


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