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

12.23.17

Ericsson and Microsoft-Led Nokia Crush Companies That Make Phones With Linux, BlackBerry Becomes Litigation Firm

Posted in Apple, Asia, Courtroom, GNU/Linux, Google, Microsoft, Patents at 2:20 pm by Dr. Roy Schestowitz

Nokia used to make phones, now it’s just doing Microsoft's 'Jihad' in the dark (back room)

Nokia light

Summary: With an abundance of software patents which target ‘apps’ or designs of phones, companies that no longer make phones (or barely sell any) go preying on those who do, Huawei being one of the latest victims (it will hereon pay Nokia ‘protection’ money)

THE MOBILE industry is no fun. It’s not fun anymore. Not for developers anyway. Too many patents, too many lawsuits, too many threats of lawsuits. Over the years we wrote about ‘censorship’ of many so-called ‘apps’ using mere threats of patent litigation; some software developers just pack up and run away. They stop distributing their software due to software patents and aggressive entities (not always patent trolls). A lot of these stories are untold because telling them out in public can lead to retaliation; it’s no secret that patent extortion is often accompanied by/laced with some kind of ‘gag orders’; the same goes for NDAs as it goes for ‘silence money’. Sometimes one party is forced to congratulate the extortionist with a press release (as part of the settlement). It ain’t pretty. I heard stories. Some people phone me. I can’t quite tell all the stories I’ve heard; not without omitting names (people’s and firms’), which would render articles pretty vague and thus worthless.

“Sometimes one party is forced to congratulate the extortionist with a press release (as part of the settlement).”A few days ago the FFII’s President caught this couple of tweets [1, 2] from Matt Larson‏, who is quite knowledgeable in this area. The article is restricted in terms of access, but the gist goes like this: “Judge Selna’s TCL-Ericsson FRAND patent licensing decision is out. Slashes Ericsson’s offered rates, awards $16M for TCL unlicensed sales from 2007-2015. Notes available on @TheTerminal [...] Decision covers Ericsson’s portfolio of patents deemed essential to 2G, 3G, 4G standards. Wild divergence from last week’s $75 million jury verdict for TCL’s infringement of a single Ericsson patent.”

You read that tight. One single patent, $75,000,000 in a jury verdict. There’s also no way around such patents (in standards). One must pay to ‘play’. Where does that leave small and vulnerable companies?

As we have shown here many times before, Ericsson and its various proxies worldwide (it uses several trolls) are running after a lot of companies, demanding ‘protection’ money from several directions at once. It’s patent stacking and it has even come to London. Now that Microsoft has turned Nokia into a patent troll (which typically preys on Linux and Android), we are seeing similar strategies from Nokia. So one ends up paying lots of money to a Swedish company and a Finnish company which barely make any phones anymore. Ain’t that just lovely?

“Mind the date on the press release. Nokia did it last Christmas as well (against Apple); it does the trolling just before or during Christmas in order to dodge negative publicity.”“Nokia-planP is happening,” the FFII’s President wrote the other day, “they have morphed in a patent troll going after Huawei now…”

“PlanP” is a domain name he once registered (it was part of an Internet-wide joke at the time) and the P stands for “patents”. What he (Benjamin Henrion of Belgium) is alluding to is this press release nobody bothers writing about. Mind the date on the press release. Nokia did it last Christmas as well (against Apple); it does the trolling just before or during Christmas in order to dodge negative publicity. Nokia’s press release (control of narrative, as part of the settlement) says this:

While details of the license agreement remain confidential, Nokia will follow its existing practices for disclosing patent licensing revenue in its quarterly financial reports and expects that revenue for the agreement will begin to be recognized in the fourth quarter of 2017, including an element of non-recurring catch-up revenue, with additional revenues expected during the term of the agreement.

From the above it’s implied that Huawei, one of the world’s largest Android OEMs (and also one of China’s largest companies), will pay Nokia ‘protection’ money. Microsoft long pursued this kind of ‘protection’ money from Huawei, but it never quite got it. The media wrote about several years ago. Huawei was one of the very few companies that stood up to Microsoft, but a Microsoft-infiltrated Nokia has just managed to put a ‘tax’ on Android at Huawei. Bad day for Linux enthusiasts (the few who actually noticed this).

Expect Microsoft and its proxies to never rest until they tax all Android OEMs, extracting billions of dollars from them (per annum) without lifting a finger! It will be done from numerous directions simultaneously, hence patent stacking. It’s a legal term, but it’s a potentially illegal practice.

“Expect Microsoft and its proxies to never rest until they tax all Android OEMs, extracting billions of dollars from them (per annum) without lifting a finger!”According to some other news, including this Interview with George Brostoff (SensibleVision), more legal action may be on the way. “OnePlus Could Be Sued For Face Unlock Patent Infringement,” said this headline this weekend and days prior to it there was a lot more coverage [1, 2, 3]. Since then (Thursday/Friday) more reports like these have emerged (almost a dozen, primarily in Android or Indian sites) and it certainly looks like SensibleVision will be choking/trolling Linux/Android. Where does this end? These are software patents. A “face unlock feature” is so basic a concept (pertaining to computer vision, which is software too) that courts are likely to reject a patent on it. So who does SensibleVision want to go after? Little OnePlus. Not a large company like Huawei…

“BlackBerry’s strategy is to shake down real companies that really sell something. It’s a shakedown (some would say “trolling”) strategy. Just like Microsoft, Nokia, and Ericsson.”Speaking of large companies, BlackBerry was a large player before it turned into somewhat of a patent troll. According to Indian media (still active around Christmas time), BlackBerry made $50,000,000 from threatening to sue companies. “Revenue from intellectual property and licensing surged 67 percent to $50 million,” it says. “A jump in that category had provided an unexpected boost to second-quarter earnings…”

BlackBerry used to have a turnover of tens of billions, so how much of a ‘victory’ is this? Does BlackBerry envision itself as a litigation firm? As Forbes put it 2 days ago (in the headline) “IP Licensing Drive BlackBerry’s Q3″.

So they too are a parasite now. BlackBerry’s strategy is to shake down real companies that really sell something. It’s a shakedown (some would say “trolling”) strategy. Just like Microsoft, Nokia, and Ericsson.

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. Links 17/10/2018: Elementary OS 5.0 “Juno” Released, MongoDB’s Server Side Public Licence

    Links for the day



  2. Improving US Patent Quality Through Reassessments of Patents and Courts' Transparency

    Transparency in US courts and more public participation in the patent process (examination, litigation etc.) would help demonstrate that many patents are being granted — and sometimes asserted — that are totally bunk, bogus, fake



  3. Ask OIN How It Intends to Deal With Microsoft Proxies Such as Patent Trolls

    OIN continues to miss the key point (or intentionally avoid speaking about it); Microsoft is still selling 'protection' from the very same patent trolls that it is funding, arming, and sometimes even instructing (who to pass patents to and sue)



  4. Links 1610/2018: Linux 4.19 RC8, Xfce Screensaver 0.1.0 Released

    Links for the day



  5. Judge-Bashing Tactics, Undermining PTAB, and Iancu's Warpath for the Litigation and Insurance 'Industries'

    Many inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) leverage 35 U.S.C. § 101 against software patents; instead of putting an end to such patents Director Iancu decides to just serve the 'industry' he came from (a meta-industry where his firm had worked for Donald Trump)



  6. 'Cloud', 'AI' and Other Buzzwords as Excuses for Granting Fake Patents on Software

    With resurgence of rather meaningless terms like so-called 'clouds' (servers/hosting) and 'AI' (typically anything in code which does something clever, including management of patents) the debate is being shifted away from 35 U.S.C. § 101 (Section 101); but courts would still see past such façade



  7. Corporate Media's Failure to Cover Patents Properly and Our New Hosting Woes

    A status update about EPO affairs and our Web host's plan to shut down (as a whole) very soon, leaving us orphaned or having to pay heavy bills



  8. Links 15/10/2018: Testing Ubuntu 18.10 Release Candidates, KaOS 2018.10 Released

    Links for the day



  9. USPTO FEES Act/SUCCESS Act Gives More Powers to Director Iancu, Supplying Patents for Litigation 'Business' and Embargo (ITC)

    Corruption of the US patent system contributes to various issues which rely on the extrajudicial nature of some elements in this system; companies can literally have their products confiscated or imports blocked, based on wrongly-granted patents



  10. Court of Appeals for the Federal Circuit Decides That USPTO Wrongly Granted Patents to Roche

    Patent quality issues at the U.S. Patent and Trademark Office (USPTO) — motivated by money rather than common sense — continue to be highlighted by courts; the USPTO needs to raise the bar to improve the legal certainty associated with US patents



  11. Even Judge Gilstrap From Texas is Starting to Accept That Software Patents Are Invalid

    Amid new lawsuits from Texas (e.g. against Citrix) we’re pleased to see that even “reprehensible” Rodney Gilstrap (that’s what US politicians call him) is learning to accept SCOTUS on 35 U.S.C. § 101



  12. Federal Circuit Doubles Down on User Interface Patents, Helps Microsoft-Connected Patent Trolls Curtail the Prime Competitor of Microsoft Office

    Patent trolls that are connected to Microsoft continue to sue Microsoft rivals using old patents; this time, for a change, even the Federal Circuit lets them get away with it



  13. Let's Hope Apple Defeats All the Abstract Patents That Are Leveraged Against It

    Apple can be viewed as a strategic 'ally' against patents that threaten Android/Linux if one ignores all the patent battles the company started (and has since then settled) against Android OEMs



  14. EPO Insider/Märpel Says President Campinos Already Acts Like Battistelli

    Unitary Patent (UPC) is a step towards making the EPO an EU institution like the European Union Intellectual Property Office (EUIPO); but it's not making any progress and constitutional judges must realise that Campinos, chosen by Battistelli to succeed him, is just an empty mask



  15. Quality of Patents Granted by the EPO is Still Low and Nobody Will Benefit Except Lawyers, Jubilant Over Growing Lenience on Software Patents

    Deterioration of patent quality at the EPO — a serious problem which examiners themselves are complaining about — is becoming rather evident as new guidelines are very lenient on software patenting



  16. 100 Days Into the Term of Campinos There is Already an EPO Suicide

    A seventh known suicide at the EPO since the so-called 'reforms' began; the EPO continues to pretend that everything is changing for the better, but in reality it's yet more nepotism and despotism



  17. Links 13/10/2018: Ubuntu Touch OTA-5, MidnightBSD 1.0 Ready

    Links for the day



  18. Links 11/10/2018: PostgreSQL 11 RC1 Released, Librem 5 Loves GNOME 3.32

    Links for the day



  19. Friend Brings a Friend, Boss Becomes Subordinate: the EPO Under António Campinos is Starting to Look a Lot Like Team Battistelli 2.0

    The new President of the EPO contributes to the perception that the Office is a rogue institution. Governance is all in reverse at the Office because it still seems like the Office President bosses the Council rather than be bossed by it (as intended, as per the EPC)



  20. UPC Cowardice: Team UPC Uses Cloaks of Anonymity to Discredit Authors of Scholarly UPC Paper They Don't Like

    Team UPC has sunk to the bottom of the barrel; now it uses anonymous letters in an effort to discredit work of Max Planck Institute staff, in the same way (more or less) that ad hominem attacks were attempted against the filer of the constitutional complaint in Germany



  21. New EPO Guidelines: Granting European Patents on Business Methods, Algorithms, Mental Acts and Other Abstract Stuff

    Keeping so-called 'production' high and meeting so-called 'targets' (allegedly set by Battistelli), Campinos relaxes the rules for "computer-implemented inventions" (one among many misleading terms that mean software patents in Europe)



  22. Open Invention Network is a Proponent of Software Patents -- Just Like Microsoft -- and Microsoft Keeps Patents It Uses to Blackmail Linux Vendors

    OIN loves Microsoft; OIN loves software patents as well. So Microsoft's membership in OIN is hardly a surprise and it's not solving the main issue either, as Microsoft can indirectly sue and "Microsoft has not included any patents they might hold on exfat into the patent non-aggression pact," according to Bradley M. Kuhn



  23. Links 10/10/2018: Unreal Engine 4.21 Preview, Red Hat Openshift Container Platform 3.11

    Links for the day



  24. Links 9/10/2018: Plasma 5.14, Flatpak 1.2 Plan

    Links for the day



  25. Greg Reilly Inadvertently Makes a Case for Replacing/Improving the Patent System With a Wiki, Editable by All as Society Moves Forward

    Editable patents make a lot more sense in the age of the Internet and the World Wide Web; companies that rode the wave of the Net are themselves changing their patents on the go, sometimes because they simply attempt to dodge an evolving patenting criterion which nowadays looks down on software patents



  26. The USPTO's Principal Issue is Abstract Patents (or Patent Scope), Not Prior Art Searches

    In spite of the fact that US courts prolifically reject patents for being abstract (citing 35 U.S.C. § 101) Cisco, Google, MIT, and the USPTO go chasing better search facilities, addressing the lesser if not the wrong problem



  27. António Campinos Makes Excuses for Granting European Patents on Software in Spite of the EPC

    Continuing the horrid tradition of Battistelli, António Campinos sends patent quality -- the one aspect which the EPO was once renowned for -- down the drain (or down the shredder, for lack of a better and more timely metaphor)



  28. Antibody Patents Should Not be Allowed (Nor Should CRISPR Patents)

    The patent extremists are still trying to patent life (and/or nature) and their arguments typically boil down to, "there's money in it, so why the heck not?"



  29. Links 8/10/2018: Linux 4.19 RC7, Mageia 6.1, Calculate Linux 18

    Links for the day



  30. The Federal Circuit Continues to 'Lecture' the Patent Office on Patent Scope and Limits, But Iancu Isn't Listening

    Sadly, the district court have not fully caught up (at least not yet) with SCOTUS; they're more USPTO-friendly.


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