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

01.26.18

How a Microsoft-Sponsored and IBM-Armed Patent Troll Is Used by Lobbyists of Software Patents

Posted in IBM, Microsoft, Patents at 3:34 am by Dr. Roy Schestowitz

Finjan started suing a lot of companies after Microsoft had paid it in 2005

Microsoft and Finjan

Summary: In an effort to make § 101 seem as though it’s tolerant towards software patents, patent law firms and front groups of trolls cherry-pick what they like in the largely-failed lawsuit against Blue Coat Systems

The relatively new euphemism, "public IP companies", is being promoted by patent trolls and their fronts (such as IAM). They keep looking for new identities. Finjan is one such troll — a troll which has been financially backed by Microsoft for a very long time and last year received more ammunition (from IBM [1, 2]).

Unfortunately, as we noted last week, the patent microcosm uses this troll in order to badmouth § 101 and promote software patents (we shall say more about that in the weekend). For example, a few days ago Dilworth IP’s Shin Hee Lee and Anthony D. Sabatelli published this article in which they wholeheartedly embraced a truly disgusting troll. The patent microcosm, i.e. people who profit from agony and litigation, wants to thwart the (near) ban on software patents and it found itself a ‘champion’:

On January 4th, the U.S. Patent and Trademark Office updated their webpage on subject matter eligibility with two new supplementary documents providing further guidance under 35 U.S.C. §101. The two new documents are useful summaries and references for practitioners and others having an interest in the area.

[...]

On January 10, 2018, the court decided Finjan, Inc. Blue Coat Systems, Inc., where upon de novo review it affirmed a district court finding that the underlying software-based subject matter was indeed patent eligible.

What they choose not to mention are the many patents which § 101 did, in fact, invalidate. They cherry-pick just the one thing that suits them. We predicted they would attempt this (as soon as the decision had been published). We first covered the outcome 13 days ago.

Hours ago IAM also did this puff piece for Finjan (not even remotely an effort at journalism). It starts with repetition of talking points from a press release:

Finjan has already recouped the $2 million it spent on acquiring a small package of patents from IBM last year as part of a deal which saw the cyber security business form a new subsidiary, Finjan Blue. The news emerged as the company announced its results for the fourth quarter and for 2017 as a whole, revealing a big jump in revenues to more than $50 million – including around $15 million in net income. It was, in short, a banner year for one of the small band of public IP companies (PIPCOs) that has thrived despite recent legal and regulatory headwinds in the US.

[...]

At the time of the announcement, Finjan CEO Phil Hartstein revealed that not only would the new subsidiary be looking to license the IP but that it was also interested in how the acquired patents might be able to support its product business, Finjan Mobile. “This deal augments our licensing business but also adds value to the product side,” Hartstein explained to this blog.

But on a recent call with analysts to discuss the latest results, Hartstein disclosed that such had been the licensing interest in the assets that the PIPCO had shifted its efforts “to existing licensing and settlement discussions in a positive way, with revenues allocated into Finjan Blue having already offset the current invested expense”.

The deal with IBM and licensing agreements that Hartstein and his team put in place last year with the likes of FireEye and Sophos reflect Finjan’s progress in monetising its IP, but, as with many PIPCOs, it has been far from all plain sailing. Most recently the Court of Appeals for the Federal Circuit ruled that a large part of a $39 million damages award against Blue Coat had to be remanded back to district court. That was just the latest stage in what is proving to be an extremely convoluted litigation battle between the two companies.

What they describe as “convoluted litigation battle” alluding to “two companies” is actually one company and one troll, where the battle is fought in just one direction (Finjan has no products to actually sue over) and the courts mostly reject the troll’s claims. But don’t expect IAM et al to tell the full story. They don’t tell, they sell. They sell agenda; they’re funded by trolls.

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 25/3/2019: Linux 5.1 RC2, Nano 4.0, PyPy 7.1

    Links for the day



  2. Links 24/3/2019: Microsoft Does Not Change; Lots of FOSS Leftovers

    Links for the day



  3. Just Published: Irrational Ignorance at the Patent Office

    Iancu and his fellow Trump-appointed "swamp" at the USPTO are urged to consult academics rather than law firms in order to improve patent quality in the United States



  4. Microsoft Paid the Open Source Initiative. Now (a Year Later) Microsoft is in the Board of the Open Source Initiative.

    The progression of Microsoft entryism in FOSS-centric institutions (while buying key "assets" such as GitHub) isn't indicative of FOSS "winning" but of FOSS being infiltrated (to be undermined)



  5. Jim Zemlin's Linux Foundation Still Does Not Care About Linux Desktops

    We are saddened to see that the largest body associated with Linux (the kernel and more) is not really eager to see GNU/Linux success; it's mostly concerned about its bottom line (about $100,000,000 per annum)



  6. Links 23/3/2019: Falkon 3.1.0 and Tails 3.13.1

    Links for the day



  7. The Unified Patent Court is Dead, But Doubts Remain Over the EPO's Appeal Boards' Ability to Rule Independently Against Patents on Nature and Code

    Patents used to cover physical inventions (such as engines); nowadays this just isn't the case anymore and judges who can clarify these questions lack the freedom to think outside the box (and disobey patent maximalists' dogma)



  8. Patent Law Firms Still Desperate to Find New Ways to Resurrect Dead Software Patents in the United States

    There's no rebound and no profound changes that favour software patents; in fact, judging by caselaw, there's nothing even remotely like that



  9. Links 22/3/2019: Libinput 1.13 RC2 and Facebook's Latest Security Scandal

    Links for the day



  10. Why the UK Intellectual Property Office (UK-IPO) Cannot Ignore Judges, Whereas the EPO Can (and Does)

    The European Patent Convention (EPC) ceased to matter, judges' interpretation of it no longer matters either; the EPO exploits this to grant hundreds of thousands of dodgy software patents, then trumpet "growth"



  11. The European Patent Office Needs to Put Lives Before Profits

    Patents that pertain to health have always posed an ethical dilemma; the EPO apparently tackled this dilemma by altogether ignoring the rights and needs of patients (in favour of large corporations that benefit financially from poor people's mortality)



  12. “Criminal Organisation”

    Brazil's ex-President, Temer, is arrested (like other former presidents of Brazil); will the EPO's ex-President Battistelli ever be arrested (now that he lacks diplomatic immunity and hides at CEIPI)?



  13. Links 21/3/2019: Wayland 1.17.0, Samba 4.10.0, OpenShot 2.4.4 and Zorin Beta

    Links for the day



  14. Team UPC (Unitary Patent) is a Headless Chicken

    Team UPC's propaganda about the Unified Patent Court (UPC) has become so ridiculous that the pertinent firms do not wish to be identified



  15. António Campinos Makes Up Claims About Patent Quality, Only to be Rebutted by Examiners, Union (Anyone But the 'Puff Pieces' Industry)

    Battistelli's propagandistic style and self-serving 'studies' carry on; the notion of patent quality has been totally discarded and is nowadays lied about as facts get 'manufactured', then disseminated internally and externally



  16. Links 20/3/2019: Google Announces ‘Stadia’, Tails 3.13

    Links for the day



  17. CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

    With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”



  18. Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

    The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?



  19. Team UPC Buries Its Credibility Deeper in the Grave

    The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods



  20. The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

    Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)



  21. Where the USPTO Stands on the Subject of Abstract Software Patents

    Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not



  22. Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

    Links for the day



  23. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  24. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  25. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  26. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  27. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  28. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  29. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  30. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised


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