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

05.05.18

Post-Alice, Using Software Patents, Microsoft-Backed Patent Troll Finjan Continues Suing Microsoft’s Competitors

Posted in Microsoft, Patents at 2:52 pm by Dr. Roy Schestowitz

Will Microsoft use this lawsuit too in order to promote “Azure IP Advantage”, i.e. paying Microsoft ‘rents’ which are ‘protection’ money to guard oneself from Microsoft’s own patent trolls?

Microsoft and Finjan

Microsoft Finjan stake

Summary: Finjan’s warpath of destruction shows no signs of stopping; it’s now suing Check Point, a relatively large company that occasionally exposes issues in Microsoft’s software

EARLIER this year we repeatedly noted that in 2017 the Court of Appeals for the Federal Circuit (CAFC) had rejected software patents pretty much every single time. In early 2018, however, in spite of squashing most USPTO-granted patents of a Microsoft-connected troll, Finjan, one patent endured and it caused a lot of damage. Tens of millions of dollars in so-called ‘damages’.

Finjan has already blackmailed or sued pretty much all of Microsoft’s important rivals in the security space. It’s a grotesque troll whose former staff is disgusted too (some of them protest Finjan’s actions, citing our coverage of these actions). Law.com (ALM Media Properties, a patent maximalist) has just published this advocacy of software patents from Anthony S. Volpe (Volpe and Koenig) and Harry Vartanian. They profit from patent maximalism, so they are attempting to bypass their Supreme Court (notably Alice) and get software/abstract patents in defiance of restrictions, e.g. by fooling the courts, tricking examiners etc. Don’t expect them to mention cases from 2017; they just ignore all these, instead turning to Microsoft cases such as Enfish (going two years back in addition to the recent case of Microsoft’s troll, Finjan). To quote:

The U.S. Supreme Court’s June 2014 landmark decision Alice v. CLS Bank International, 134 S.Ct. 2347 (2014), altered the course and viability of software patents in the United States and continues to cause uncertainty over the eligibility of software for patent protection. Alice announced a multi-step test for analyzing patent eligibility, under which the basic question for any software application is, “does the application satisfy the patent eligibility conductions of 35 U.S.C. Section 101 (Section 101)?” The United States Patent and Trademark Office (USPTO) has established examiner guidelines for software patent applications and patent practitioners have become increasingly skilled at responding to USPTO Section 101 rejections. Since the Alice decision, a number of decisions by the U.S. Court of Appeals for the Federal Circuit, a number of Federal Circuit decisions have had great influence on the examination practice in software, and at least two 2018 decisions by the Federal Circuit in patent infringement appeals have found the asserted software claims to be patent eligible. In both of these patent infringement appeals, the decision hinged on the disclosure or written content of the application’s specification.

[...]

Finjan arose out of a patent infringement action that Finjan brought against Blue Coat Systems alleging infringement of four Finjan patents, including U.S. 6,154,844, that are directed to identifying and protecting against malware. Finjan, at 1302. As a result of the trial in the district court, the jury awarded Finjan $39.5 million as reasonable royalty damages, which included $24 million for Blue Coat Systems’ infringement of the ‘844 patent. In a related bench trial addressing the nonjury legal issues, the district court concluded that satisfied Section 101 the ‘844 patent contained patent-eligible subject matter.

We lack the time to do a point-by-point rebuttal, but Vartanian and Volpe basically cherry-pick a handful among many hundreds of cases. They mention only what suits their marketing agenda. This is typical. We’ll supply some more examples of this tomorrow.

What is worth noting, however, is that Finjan is still drunk on power, eager to sue just about anything that moves until courts (or PTAB) stop it.

This Microsoft-funded patent troll is trolling “big time” again. It has only been weeks since the last time (see correction and press release). What we have here is an Israeli patent troll suing an Israeli technology company, also in the US. NASDAQ wrote about this [1, 2] as follows:

Finjan Holdings Inc. (FNJN) said it has filed a patent infringement lawsuit against Check Point Software Technologies Inc. ( CHKP ) and Check Point software Technologies Ltd.

The Complaint, filed in the U.S. District Court for the Northern District of California on March 3, 2018,, alleged that the Check Point products infringed at least one or more of Finjan patents.

Microsoft must be very pleased to see its patent trolls doing a lot of damage. Microsoft is getting its money’s worth. Maybe Microsoft will use this to encourage people to pay Microsoft Azure ‘rents’ (for ‘protection’). That’s the company’s latest business model: an extortion racket called “Microsoft Azure IP Advantage”.

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. Can Trade Secrets Litigation Replace (in Part) Patent Litigation?

    Seeing DTSA as an opportunity to combat their competition, more firms now choose to file trade secret cases whereas patent cases continue their sharp decline



  2. Links 22/7/2018: Neptune 5.4, NetBSD 8.0

    Links for the day



  3. The EPO (European Patent Office) Under António Campinos is Just Another Battistelli EPO; Still UPC and Software Patents Lobbying

    Campinos has done pretty much nothing but a single blog post since taking Office; it makes one wonder what he's doing all day and whether he ever intends to tackle all the abuses that compelled the Council to replace Battistelli



  4. Cisco v Arista Networks is a Stain on the Reputation of the US International Trade Commission (ITC) and It's Beginning to Recognise This

    Cisco is leveraging software patents which PTAB deemed to be invalid against a much smaller firm (revenue ~30 times smaller), demanding an embargo and bypassing the ordinary routes of justice by turning to the ITC



  5. Openet Has Been Intimidated by Amdocs Using Another Patent Infringement Lawsuit

    Amdocs is still engaging in legal intimidation and litigious bullying against its much smaller rivals/competitors; Openet is the latest reminder of it, having paid an undisclosed amount of money to end the dispute



  6. Federal Circuit Judges Moore, Dyk and Reyna Tell Allergan That It is Not Above the Law

    Allergan and a Native American tribe have lost their ridiculous case; after swapping tens of millions of dollars in pursuit of immunity for patents they've lost again (in what's likely their last resort/appeal); expect the patent microcosm to attempt to distract from it (like they did Oil States)



  7. Links 20/7/2018: MusicBrainz is Back, Microsoft Pushing .NET Through Canonical

    Links for the day



  8. Some US Patents' Quality is So Low That There's a Garden Clearance/Fire Sale

    Rather than shoot worthless patents into orbit where they belong the Allied Security Trust (AST), collector of dubious patents, will try to sell them to gullible opportunists and patent trolls (even if the said patents would likely perish in courts)



  9. When Amplifying the Message of 'Global Innovation Index 2018' IP Watch Sounds Like WIPO and IP Watchdog (Watchtroll)

    In addition to senatorial efforts and misleading debates about patents, we now contend with something called “Global Innovation Index 2018," whose purpose appears to be similar to the debunked Chamber of Commerce's rankings (quantifying everything in terms of patents)



  10. Erosion of Patent Justice in Europe With Kangaroo Courts and Low-Quality European Patents

    The problematic combination of plaintiff-friendly courts (favouring the accuser, just like in Eastern Texas) and low-quality patents that should never have been granted



  11. Mafia Tactics in Team UPC and Battistelli's Circle

    Mafia-like behaviour at the EPO and the team responsible for the Unified Patent Court (UPC); appointments of loyal friends and family members have become common (nepotism and exchange of favours), as have threats made towards critics, authorities, and the press



  12. Australia Says No to Software Patents

    Rokt is now fighting the Australian patent office over its decision to reject software patents; Shelston IP, an Australian patent law firm (originally from Melbourne), already meddles a great deal in such policies/decisions, hoping to overturn them



  13. Links 19/7/2018: Krita 4.1.1, Qt Creator 4.7.0, and Microsoft-Led Lobby Against Android in EU

    Links for the day



  14. IAM is Pushing SEPs/FRAND Agenda for Patent Trolls and Monopolists That Fund IAM

    The front group of patent trolls, IAM, sets up an echo chamber-type event, preceded by all the usual pro-FRAND propaganda



  15. “Trade Secrets” Litigation Rising in the Wake of TC Heartland, Alice, Oil States and Other Patent-Minimising Decisions

    Litigation strategies are evolving in the wake of top-level decisions that rule out software patents, restrict venue shifting, and facilitate invalidation of patents even outside the courtroom



  16. The EPO -- Like the Unified Patent Court (UPC) and Unitary Patent System -- is an Untenable Mess

    The António Campinos-led EPO, nearly three weeks under his leadership, still fails to commit to justice (court rulings not obeyed), undo union-busting efforts and assure independence of judges; this, among other factors, is why the Office/Organisation and the UPC it wants to manage appear more or less doomed



  17. Links 18/7/2018: System76's Manufacturing Facility, Microsoft-Led Lobby for Antitrust Against Android

    Links for the day



  18. What Patent Lawyers Aren't Saying: Most Patent Litigation Has Become Too Risky to be Worth It

    The lawyers' key to the castle is lost or misplaced; they can't quite find/obtain leverage in courts, but they don't want their clients to know that



  19. Software Patents Royalty (Tax) Campaign by IBM, a Serial Patent Bully, and the EPO's Participation in All This

    The agenda of US-based patent maximalists, including patent trolls and notorious bullies from the United States, is still being served by the 'European' Patent Office, which has already outsourced some of its work (e.g. translations, PR, surveillance) to the US



  20. The European Council Needs to Check Battistelli's Back Room Deals/Back Door/Backchannel With Respect to Christian Archambeau

    Worries persist that Archambeau is about to become an unworthy beneficiary (nepotism) after a Battistelli setup that put Campinos in power, supported by the Belgian delegation which is connected to Archambeau, a national/citizen of Belgium



  21. PTAB and § 101 (Section 101) Have Locked the Patent Parasites Out of the Patent System

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) have contributed a great deal to patent quality and have reduced the number of frivolous patent lawsuits; this means that firms which profit from patent applications and litigation hate it with a passion and still lobby to weaken if not scuttle PTAB



  22. Patents on Computer Software and Plants in the United States Indicative of Systemic Error

    The never-ending expansion of patent scope has meant that patent law firms generally got their way at the patent office; can the courts react fast enough (before confidence in patents and/or public support for patents is altogether shattered)?



  23. Yesterday's Misleading News From Team UPC and Its Aspiring Management of the Unified Patent Court (UPC)

    The Unified Patent Court (UPC) enthusiasts — i.e. those looking to financially gain from it — continue to wrestle with logic, manipulate words and misrepresent the law; yesterday we saw many law firms trying to make it sound as though the UPC is coming to the UK even though this isn’t possible and UPC as a whole is likely already dead



  24. Time for the European Commission to Investigate EPO Corruption Because It May be Partly or Indirectly Connected to EU-IPO, an EU Agency

    The passage of the top role at the EU-IPO from António Campinos to Christian Archambeau would damage confidence in the moral integrity of the European Council; back room deals are alleged to have occurred, implicating corrupt Battistelli



  25. Links 17/7/2018: Catfish 1.4.6 Released, ReactOS 0.4.9, Red Hat's GPL Compliance Group Grows

    Links for the day



  26. Links 16/7/2018: Linux 4.18 RC5, Latte Dock v0.8, Windows Back Doors Resurface

    Links for the day



  27. Alliance for US Startups and Inventors for Jobs (USIJ) Misleads the US Government, Pretending to Speak for Startups While Spreading Lies for the Patent Microcosm

    In the United States, which nowadays strives to raise the patent bar, the House Small Business Committee heard from technology firms but it also heard from some questionable front groups which claim to support "startups" and "jobs" (but in reality support just patents on the face of it)



  28. 'Blockchain', 'Cloud' and Whatever Else Gets Exploited to Work Around 35 U.S.C. § 101 (or the EPC) and Patent Algorithms/Software

    Looking for a quick buck or some low-quality patents (which courts would almost certainly reject), opportunists carry on with their gold rush, aided by buzzwords and hype over pretty meaningless things



  29. PTAB Defended by the EFF, the R Street Institute and CCIA as the Number of Petitions (IPRs) Continues to Grow

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) come to the rescue when patently-bogus patents are used, covering totally abstract concepts (like software patents do); IPRs continue to increase in number and opponents of PTAB, who conveniently cherry-pick Supreme Court (SCOTUS) decisions, can't quite stop that



  30. IAM/Joff Wild May Have Become a de Facto Media Partner of the Patent Troll iPEL

    Invitation to trolls in China, courtesy of the patent trolls' lobby called "IAM"; this shows no signs of stopping and has become rather blatant


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