Bonum Certa Men Certa

In Keith Raniere v Microsoft Both Sides Are Evil But for Different Reasons

Cult leader and patent troll

Keith Raniere



Summary: Billing for patent lawyers reveals an abusive strategy from Microsoft, which responded to abusive patent litigation (something which Microsoft too has done for well over a decade)

THE patent policy at the USPTO is crucial in ensuring patent justice; not everyone can afford a court battle, so a patent grant alone can cause plenty of injustice in the form of extortion rackets (extrajudicial).



"This is about software patents."Raniere (known for a "a multi-level marketing cult") is in some headlines again. Mr. Nazer (EFF) said some months ago that the "self-declared genius behind the group, Keith Raniere, is also a patent troll," citing an old article of ours (Raniere has been mentioned on other occasions since then). Dennis Crouch decided to write about it just before the weekend, revealing the likely bogus costs Microsoft claims to have paid/incurred. To quote Crouch:

Here, those costs add up — $450,000 in attorney fees for the defendants win at the ultra-preliminary stage for lack-of-standing. Let me note – this is ridiculous $450k to win on standing grounds. OMG! Note – the bill submitted was greater, but the Judge reduced it by 20%.

[...]

I would hope that defendants could win that case for less than $450,000.


This is about software patents. As WIPR put it, "Raniere had claimed that the companies had infringed his software patents, US numbers 6,373,936; 6,819,752; 7,215,752; 7,391,856; and 7,844,041."

Why did the USPTO grant such patents in the first place. But no matter how ugly and abusive Raniere may be, Microsoft is no innocent party either because Microsoft probably made that number up to cushion its greedy/corrupt patent lawyers. No way they should ever charge this much for so little!

As WIPR put it, "AT&T and Microsoft [claimed and got] nearly $450,000 of attorneys’ fees," but it barely got anywhere at all. To quote:

Keith Raniere, the leader of a self-help group in the US, has been told he must pay telecoms company AT&T and Microsoft nearly $450,000 of attorneys’ fees and costs in a patent dispute.

Yesterday, April 18, a unanimous three-judge panel at US Court of Appeals for the Federal Circuit affirmed a district court’s decision to dismiss the case in 2016 and grant the attorneys’ fees as a sanction for Raniere’s conduct.

[...]

According to the Federal Circuit, Raniere had argued that his conduct was not “sufficiently egregious” to justify imposition of sanctions under the district court’s powers, but this was rejected by the Texas court.

The district court awarded $300,295 to AT&T and $143,719 to Microsoft in attorneys’ fees and costs.

Raniere appealed against the district court’s fee award, but the Federal Circuit concluded that the district court hadn’t erred in finding AT&T and Microsoft to be the prevailing parties and that it didn’t abuse its discretion in awarding attorneys’ fees and costs.


There are several lessons here: first, software patents should not be granted; second, companies like Microsoft make up numbers to enrich themselves or lawyers; third, it's not hard to see why patent law firms lobby so hard for bad patents (e.g. against PTAB) and for software patents (e.g. against Section 101).

Patent maximalism is a disease. It's being introduced by patent trolls and lawyers who assume that their existence is necessary for society and lie to themselves about promoting/protecting innovation.

Recent Techrights' Posts

GNU/Linux Rises to All-Time High in Chile
sharp rise for GNU/Linux in Chile
Why We Still Love Gemini Protocol
Gemini Protocol may seem like something "old" (it's actually very new) and something "nobody would use", but many people use it
 
Microsoft Tarnishing the Brand of Arch
Of course Arch can do whatever it wants, but being associated with Microsoft is a badge of shame
The Ultimate and Inevitable Fall of OpenAI (Even Brave is 'Bigger' Now)
"When you advertise at the Super Bowl, you’ve reached just about every consumer in America. It’s the last stop. If you’re not profitable yet, you never will be."
Adding Slop to Your Blog Only Makes One Assume All the Text is LLM Slop
Simon Coter from Oracle has turned to slop
Macao is Leaving Microsoft Behind
Windows is falling to new all-time lows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 09, 2025
IRC logs for Sunday, February 09, 2025
Microsoft's WSL (LSW) Shows That It Can Never Love Linux, Only Windows
that's just how Microsoft rolls
Activism in Times of War and a Coup
'Linux' Foundation works for fascism
What the Silencing of Neatnik Tells Us About Linus Torvalds Inside a Microsoft-Dominated 'Linux' Foundation
Is Linus Torvalds free to express his mind as he wishes about every topic, even just any technical topic?
Windows Down to 11.35% in Senegal, as Measured by statCounter
Another all-time low (Windows was at 99% in 2009)
"Latest Technology News" in BetaNews is LLM Slop Promoting OOXML and Proprietary Software at the Expense of LibreOffice and OpenDocument Format (ODF)
Remember that "open-source" and Open Source aren't the same; the former is fake
Links 09/02/2025: Coffee, Toxic Productivity, and Programming
Links for the day
Debian's Human Rights violations & Swiss women Nazi symbolism
Reprinted with permission from Daniel Pocock
Links 09/02/2025: Software Patents on MP3 and Another Scam Dressed Up as "Crypto"
Links for the day
Links 09/02/2025: Russian Energy Cut Off, LLM Pushers Show Signs of Desperation
Links for the day
Richard Stallman (RMS) Does Not Have Media Companies and Lobbyists on His Side, But His Message Spreads Regardless
The message of RMS is spreading in spite of all the smears
Links 09/02/2025: Hottest January on Record, Panama Blackmailed
Links for the day
Gemini Links 09/02/2025: "Died as a Mineral" and Game Interface for a Non-Game
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 08, 2025
IRC logs for Saturday, February 08, 2025
Links 08/02/2025: UK Back Doors and Religious Fundamentalists in Positions of Higher Power
Links for the day
Today's IBM (Red Hat) Isn't the Company That Fought a Microsoft-Sponsored SCO in Court
IBM is nowadays in a state of rapid disintegration
When You Simply Rebrand Almost Everything as "Hey Hi" ("AI"), "Hey Hi Workloads", "Hey Hi Datacentres" and Whatnot
The "growth" has been a growing lie for years if not decades
Microsoft Windows Falls to 12% in Myanmar
Remember that Microsoft is virtually 0% in mobile
This is the Man Who's Attacking Linus Torvalds et al in "a Disease" (Social Control Media)
One thing that Richard M. Stallman and Torvalds can agree on is that Social Control Media should be avoided
Gemini Links 08/02/2025: "Thought Leaders" and Returns to Gemini Protocol
Links for the day
Links 08/02/2025: MElon Coup, Mass Layoffs at Facebook, and PlayStation Network Down
Links for the day
Unlike GAFAM, Free Software Serves You, It Does Not Serve Governments and MElons (Overlapping Forces)
Tired of oligarchy controlling your life through gadgets and "apps"?
On Wars Against Founders
We need to insist that founders remain
When It Comes to Social Control Media, Linus Torvalds is Channeling Techrights
GAFAM workers know exactly who to aim at
New EPO Paper: Promoting (Rewarding) People Who Grant Many Illegal European Patents to Make More Money (at Europeans' Expense) While Patent Courts in the EU Are Themselves Illegal
now the coup is sort of complete and even the "courts" are part of the corruption
Slopwatch: Carnival of LLM Slop and FUD Spewed by Bots, Pasted in by MaKenna Hensley and Day
Welcome to the Web in 2025. Articles about "Linux", "Security", and the Web (e.g. "Firefox") are fake.
Links 08/02/2025: News Corp Admits Traffic Declines, Wildlife Trafficking Tackled
Links for the day
Gemini Links 08/02/2025: Lamp and Notions
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 07, 2025
IRC logs for Friday, February 07, 2025