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

Microsoft's XBox Exodus Carries on: Corporate VP of Gaming Ecosystem Organization and Corporate VP of XBox Devices and Ecosystem Both Leave Microsoft
Don't expect what's left of the media to properly report the true scale of the XBox cuts and executive-level departures
Why Chatbots Based on LLMs Cannot Be Improved Even If More Energy (Money) Gets Wasted on Them
nobody can do it well
The Generations of CS Are Coming to 'End of Life'
Nowadays everything that is a computer is somehow called "hey hi"
 
Gemini Links 06/05/2026: "Who Knows That You Blog?" and New Official Antenna by Michael Nordmeyer
Links for the day
Links 06/05/2026: Apple Accepts That It Misled People on Slop and Begins Blocking Software/Games Made With Slop
Links for the day
Codecs and Software Patents - Part II - AV1 and HEVC Not Really Safe
We are, in effect, looking at a sort of cartel (like the one which came out of Germany with MP3)
The Corrupt Lecture the Non-Corrupt - Part XIV - Antisemitism Inside the EPO
A sensitive topic for the European Patent Office (EPO)
Gemini Links 06/05/2026: Childhood Memories, Intense People, and Natural Web Exploration
Links for the day
Links 06/05/2026: Narges Mohammadi in Critical Condition and Copyright Infringement Rampant in Reddit
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 05, 2026
IRC logs for Tuesday, May 05, 2026
Ubuntu is Run by "N00bs" (and It Shows)
GNU/Linux users are not a small niche anymore
Gemini Links 05/05/2026: Bad Health, Pomera DM250 On Linux, and Children Using DO
Links for the day
Reading Closely What Microsoft Put in the Report, Expect Many More Layoffs Later This Year
The only thing that they grow rapidly is their debt
IBM is Collapsing, the People Responsible for the Collapse Aren't the Victims
IBM management has plenty of things to distract from right now
Media: Let's Repeat the Lie About Mass Layoffs Being a Win for a Buzzword
This says so much about the state of today's media
Links 05/05/2026: Live Nation Problems, Growing Tensions in the Gulf Again (Energy Crisis)
Links for the day
Gartner Pays The Register MS and the Effect is Visible (IBM Promotion; IBM Also a Sponsor, of Both!)
Follow the money
The Register MS Published Fake Article That Mentioned "AI" Almost a Dozen Times. It Got Paid to Do This.
If you keep seeing the term "AI" quite a lot in the media, be sure to check who pays for it
Links 05/05/2026: Germany, Depression, and Control of Online Discourse in Geminispace
Links for the day
Links 05/05/2026: "Republicans Made Children More Expensive" and "Internet Blackouts" Cripple Economies
Links for the day
Microsoft Lunduke Has a Serious Problem: He's Fronting for Sites That Insist on Exposing Children to Pornography
He's even contradicting himself a lot
What "Age Verification" Laws Are About
We know based on experience (even predating the Web) that kids will find workarounds, so such restrictions are difficult to enforce
Unsustainable 'Tech' (Debt) Giants Rely on US Taxpayers for Bailouts and Subsidies
In the past 6 months Oracle and Amazon alone borrowed over 100 billion dollars
Future-Proofing Techrights
2 days from now this site turns exactly 19.5 (years)
Microsoft is Waning Like IBM
There will be lots of "ex Softies" or "former Microsofters" out there
Chatbots Are Not Replacing Web Search, But They Contaminate Results
People still value pages written and curated by humans; they use search engines to find these
SLAPP Censorship - Part 67 Out of 200: Graveley and Garrett Claims Against My Wife and I Assert 'Distress', But It Was Just a Copy-Pasted Template (Mechanical Crocodile Tears)
Can barristers charge 10,000-15,000 US dollars (about $1,000-1,500 per page!) to do such shoddy, sloppy work?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 04, 2026
IRC logs for Monday, May 04, 2026
Links 05/05/2026: Energy Crises, Data Breaches, and Journalists Murdered
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XIII - Health and Safety With Cocaine
That they are trying to approach us (the President's own family) is a sign of weakness
Codecs and Software Patents - Part I - The 2026 Status Quo
It's frustrating to see how little (almost none) media coverage exists for these sorts of matters
Gemini Links 05/05/2026: ASCII Chessboard Without HTML and Ongoing Antenna Migration
Links for the day
Links 04/05/2026: Economics of Slop Discredited, Democrat and Republican Voters Want Cuts to Data Centres
Links for the day
IBM's "FutureNow" is the Rebranding of the Client Innovation Center (CIC), for Lobbying Purposes by IBM While Halving People's Salaries
So says a new comment
Libera.​Chat Openly and Publicly Admits It Has an LLM Slop Problem (Chatbots in Its Channels)
If there's a policy that bans chatbots (not humans), there's even a moral imperative for it
Microsoft: Yes, We Are Losing Windows Users and Yes, We Have Problems With Payroll (So We Lay Off Essential Workers)
From what we can gather, "hey hi" is now the name of everything at Microsoft
Ubuntu.com While Ubuntu.com is Under DDoS Attack and Intermittently Offline Due to Windows Botnets: Don't Use Ubuntu, Use Windows Instead
Unbelievable, as this is their advice when Windows zombies hammer away at their Web site and general infrastructure
Links 04/05/2026: "DNC Covering Up Its 2024 Autopsy" and Rudy Giuliani in Critical Condition
Links for the day
Linux Kernel Tainted by Software Patents That Make Linux Worse and the 'Linux' Foundation is Compiling Bribes to Enable This (Promotion of Monopolies and Tolerance of Software Patenting)
Why you need to reboot when a serious bug is found in Linux? "Licencing"...
ChromeOS and GNU/Linux Exceed 5% in New Zealand
Can we expect New Zealand and Australia to divest from GAFAM?
Links 04/05/2026: Energy Shortages Become More Visible, Germans Reject Military Service, Merz Says US 'Humiliated' Over Iran
Links for the day
KDE's Cornelius Schumacher Explains Why You Should be Slop-Free
Output is not measured by quantity of words
The Real News is Botnets (e.g. Windows With Back Doors), Not Iran
Let's focus on the botnets [...] Microsoft's aim is the opposite of security
SLAPP Censorship - Part 66 Out of 200: Alex Graveley Did Illegal Things, Then Asserted Mentioning Those Illegal Things is Privacy Violation
Alex Graveley "has suffered damage and distress" when the public found out he told women to kill themselves
The Corrupt Lecture the Non-Corrupt - Part XII - Outsourcing Everything to Microsoft, Which is Illegal
Today's EPO isn't about technology or law
Melissa Chan on Why Press Freedom Matters to Everyone, Not Just Journalists
dispelling a myth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 03, 2026
IRC logs for Sunday, May 03, 2026
Gemini Links 04/05/2026: Another Old Web Pillar Gone and Simple Lobsters Mirror for Gemini
Links for the day