Bonum Certa Men Certa

Patent Troll Finjan Looks Like It's About to Collapse, But Patent Maximalists Exploit It for Software Patents Promotion

This troll's market value already crashed by about 75% in the past 5 years

Phil Hartstein Phil Hartstein, CEO of Finjan (Photo credit: Courtesy), via Times of Israel



Summary: Patent trolls are struggling in their use of software patents; few (if any) of their patents are upheld as valid and those that miraculously remain in tact become the subject of fascination if not obsession among trolls' advocates

THE USPTO's lenient attitude towards software patents prior to Alice is causing great difficulties and trouble to software developers in the US. Patent trolls absolutely love such patents for various reasons including the number of potential defendants (victims). In particular sectors, particular types of patents can only be used against very few companies and these companies tend to have deep pockets; not so with software...



Karina Tiwana, the general counsel at Alcatel-Lucent Enterprise, wrote about the LOT Network and the Open Innovation Network (OIN) yesterday. She did not wind up refraining from using the "T" word, both in the headline and the body, for example:

Patent trolls, more formally known as Patent Assertion Entities (PAEs), are entities that acquire patents for the sole purpose of suing companies in order to monetize them. They also happen to make a habit of piling on a tremendous amount of added work, expense, and stress onto legitimate operating companies.

Preparing for possible litigation has become a standard “cost of doing business” over the years. As the General Counsel of Alcatel-Lucent Enterprise (ALE USA, Inc.), I’ve spent the last few years engaging in battles with patent trolls, at a cost to my company and colleagues. Meanwhile, the PAEs themselves faced few ramifications.


Alcatel-Lucent has itself targeted quite a few companies with patents. We wrote many articles about that.

More curious, however, was recent coverage about Finjan, whose business is virtually nonexistent because it's all about patents and litigation. Among recent financial coverage [1, 2] we see an "Increase in Shorts", which may suggest an imminent collapse. "The company has market cap of $62.06 million. The firm owns a portfolio of patents related to software," says the article. But many of these patents are now being challenged and this troll has nothing but patents. Many, except perhaps one, are being invalidated. 2 days ago Watchtroll used this Microsoft-connected troll to prop up the perception of software patents doing well, obviously relying on just one patent that endured scrutiny and ignoring all the rest. Another patent maximalist did the same thing, again obsessing over the use of a Microsoft case (Enfish) to defend one single software patent. To quote:

One distinguishing feature is its procedural posture: Blue Coat did not present an Alice challenge at the pleadings stage or in a summary judgment motion as have most Alice cases. Rather, it affirmed a district court’s post-trial denial of a JMOL motion. The standard of review was still de novo, but the Federal Circuit was faced with a fully litigated patent case, including claim constructions that significantly added to the few, very broad, very general terms used in the patent claims, where a jury had made a damages finding. And Finjan, the patentee, is a practicing entity [sic] that pioneered the patented technology. Although unspoken, these distinctions are relevant in the real world: the Court had the full benefit of claim construction and a contrary result would have overturned a completed trial and judgment won by a practicing entity. Nevertheless, such factors are likely not enough, singly or in combination, to explain the outcome.


The real news here, as we noted before (e.g. a week ago), is that Finjan is unable to extract as much in 'protection' money as it once hoped. Alice squashes many of its patents and with imminent cases/decisions there's expectation of this troll's collapse.

Recent Techrights' Posts

Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
 
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026
Layoffs in Twitter, Facebook, and Microsoft's LinkedIn
There are silent layoffs at Microsoft this month
We Don't Depend on Google and Don't Care for Google
We have our own site search and we don't depend on Google to bring visits/visitors to us
Change of Address at the Hired Guns, Address Removed
Companies tend to alter their 'shell structure' in anticipation of major action
Facebook Layoffs Due to Enormous Debt, Nothing to Do With "Hey Hi" Slop
The lies about "hey hi" in relation to layoffs will only contribute to further public resentment towards: 1) the media and 2) all the slop.
The Good IBM Managers Have Flown Away, All That's Left is the Book-Cooking Loyalists
IBM is just cheating the SEC and shareholders. This seems to be the only thing IBM's management is nowadays good at.
Microsofters' SLAPP Censorship - Part 12 Out of 200: Months Ahead of Serial Strangler From Microsoft Who Helped Double the Lawsuits (Funded by Third Parties) as 'Revenge' for Exposing Crimes
In 2024 I sat down and wrote about what had been done to me and to my wife
Crime Comes in Many Forms
apparently the SRA is OK with stranglers of women in America bullying the media in the UK
commandlinux.com, linuxteck.com, linuxiac.com, and linuxsecurity.com are Slopfarms With "Linux" in Their Domain Name
once readers realise they read slop they immediately lose interest
Links 14/03/2026: Adoption of Slop Has Killed BuzzFeed, Russia Sees "Economic Gain From Iran War"
Links for the day
Patriotism is Conditional, If It's Unconditional, Then It's Like a Cult
My love for Software Freedom is only as strong as my love for Freedom of the Press
Links 14/03/2026: Mass Layoffs at Facebook ('Meta') and Sweeping Layoffs at Twitter (xAI), Social Control Media and Slop Are Only Debt
Links for the day
Wrong Time, Wrong Place (Digg)
Kevin Rose and Alexis Ohanian can relaunch Digg.com, but we doubt it'll work "this time for real!"
Universities Became Bad Places for Work
What happened to academia?
Reporting New and Suppressed Information is What Journalism is All About
In the domain of Free software, there are very few sites out there that offer exclusive coverage on community affairs and there are many gagging/censorship attempts
The Limits of Speech and the Rationale of Limitations
it seems to be part of an international trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 13, 2026
IRC logs for Friday, March 13, 2026
Gemini Links 14/03/2026: Goodness, AD534 Multiplier Module, and Extroverts Online
Links for the day