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

06.05.18

Patent Trolls Roundup: Microsoft’s Intellectual Ventures, Blue Spike, and KAIST

Posted in Patents at 6:24 pm by Dr. Roy Schestowitz

Hublink, LLC, a Dominion Harbor subsidiary
Hublink, LLC, a Dominion Harbor subsidiary, is based in Texas and is part of a cryptic network of shells (Dominion Harbor receives its patents from Microsoft’s patent troll, Intellectual Ventures)

Summary: Another quick look at actions of patent trolls, especially in the Eastern District of Texas where courts are notoriously trolls- and/or plaintiffs-friendly

EARLIER today (this morning) we wrote about Microsoft and Intellectual Ventures, which Microsoft uses to pursue patent litigation ‘by proxy’ (Intellectual Ventures has thousands of obscure satellite firms/shells).

Here goes — yet again — Microsoft’s patent troll, filing patent lawsuits against companies that use Android (Linux) or at least attempting to shake these down using patents (threats of lawsuits). That’s why the Patent Trial and Appeal Board (PTAB) got involved. Remember that Intellectual Ventures is feeding patent trolls near and around the Eastern District of Texas, but sometimes (in more recent years in particular) it files lawsuits directly. In a case dated May 29th, according to today’s short post, an inter partes review (IPR) dealt with a patent of “Intellectual Ventures I LLC” (there are many variants of “Intellectual Ventures”). To quote:

The Patent Trial and Appeal Board’s conclusion following inter partes review that a cellular communications patent directed to frequency hopping owned by Intellectual Ventures I LLC was invalid and anticipated was not supported by substantial evidence, the U.S. Court of Appeals for the Federal Circuit had held. Among other things, the Board erred in invalidating independent claim 1 based on irrelevant disclosures in the specification.

This actually reached the Federal Circuit, which can be expensive. The large patent troll Dominion Harbor (connected to Microsoft through Intellectual Ventures) barely even gets this far.

What we see here is ongoing abuse from Intellectual Ventures, which is losing a lot of money (that money comes — in the form of big investments — from Microsoft itself).

Speaking of Texas, Blue Spike is a patent troll or “lawsuits factory” [1, 2, 3] based in Tyler, Texas (yes, think Eastern District of Texas) and it is suing once again, this time demanding $210,000,000 from Frontier. So far a couple of news reports about it [1, 2] could be in this niche’s media/sites. To quote:

US operator Frontier Communication is being sued by data patent holder Blue Spike in Texas for over USD 210 million, Law360 reported. Blue Spike claims the operator’s FiOS TV service infringes 11 patents related to watermark embedding technologies. Blue Spike also alleges violation of a 12th patent, related to Frontier’s business Wi-Fi service.

Blue Spike, based in Tyler, Texas, holds more than 100 patents for forensic watermarking, signal abstracts, data security, software watermarks, product license keys, ASLR and deep packet inspection, FierceCable reported.

Blue Spike does absolutely nothing but lawsuits. It’a an anvil or a yoke to the economy.

Staying down there in Texas, a Korean university known as KAIST (acronym) has a trolling entity in the US and it’s still acting like a classic patent troll in the Eastern District of Texas (where else?), as Kaist IP US LLC v Samsung Electronics Co. serves to show. The latest twist in this case was covered yesterday as follows:

The court denied plaintiff’s motion to strike portions of the rebuttal report of defendants’ damages expert because his theory capping the value of a patent-in-suit based on prior licensing negotiations was not unreliable.

KAIST is one of those very few Korean entities which are litigious. It does a lot of that in the US, not in Korea, where software patents for example are difficult to pursue (compared to Texas).

Earlier today we saw Velocity bragging about a new patent in Japan and Canada. The patent alludes to “software providing aggregated application metadata that reveals emerging patterns, performance issues, human productivity insights…”

Courts in Japan and Canada, however, would likely not permit such software (and thus seemingly abstract) patents. It sounds totally bunk, abstract, at least based on the press release. Those countries — unlike China — don’t quite tolerate such patents. China’s SIPO is ranked very low for patent quality and this new Chinese patent boasted about by BioMarker might actually endure scrutiny (but only in China, which is like the 'new' Eastern District of Texas). It’s very rare to see English press releases in which companies brag about Chinese patents. Seeing the fast-changing litigation climate in the US, perhaps they have plans in the far east.

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. Indifference or Even Hostility Towards Patent Quality Results in Grave Injustice

    The patent extravaganza in Europe harms small businesses the most (they complain about it), but administrative staff at patent offices only cares about the views of prolific applicants rather than the interests of citizens in respective countries



  2. Links 18/6/2019: CentOS 8 Coming Soon, DragonFly BSD 5.6 Released

    Links for the day



  3. 'AI Taskforce' is Actually a Taskforce for Software Patents

    The mainstream media has been calling just about everything "HEY HI!" (AI), but what it typically refers to is a family of old algorithms being applied in possibly new areas; patent maximalists in eastern Asia and the West hope that this mainstream media's obsession can be leveraged to justify new kinds of patents on code



  4. Patent Maximalism is Dead in the United States

    Last-ditch efforts, or a desperate final attempt to water down 35 U.S.C. § 101, isn't succeeding; stacked panels are seen for what they really are and 35 U.S.C. § 101 isn't expected to change



  5. Links 18/6/2019: Linux 5.2 RC5 and OpenMandriva Lx 4

    Links for the day



  6. Weaponising Russophobia Against One's Critics

    Response to smears and various whispering campaigns whose sole purpose is to deplete the support base for particular causes and people; these sorts of things have gotten out of control in recent years



  7. When the EPO is Run by Politicians It's Expected to Be Aggressive and Corrupt Like Purely Political Establishments

    António 'Photo Op' Campinos will have marked his one-year anniversary in July; he has failed to demonstrate morality, respect for the law, understanding of the sciences, leadership by example and even the most basic honesty (he lies a lot)



  8. Links 16/6/2019: Tmax OS and New Features for KDE.org

    Links for the day



  9. Stuffed/Stacked Panels Sent Back Packing After One-Sided Patent Hearings That Will Convince Nobody, Just Preach to the Choir

    Almost a week ago the 'world tour' of patent lobbyists in US Senate finally ended; it was an utterly ridiculous case study in panel stacking and bribery (attempts to buy laws)



  10. 2019 H1: American Software Patents Are as Worthless as They Were Last Year and Still Susceptible to Invalidation

    With a fortnight left before the second half of the year it seems evident that software patents aren't coming back; the courts have not changed their position at all



  11. As European Patent Office Management Covers up Collapse in Patent Quality Don't Expect UPC to Ever Kick Off

    It would be madness to allow EPO-granted patents to become 'unitary' (bypassing sovereignty of nations that actually still value patent quality); it seems clear that rogue EPO management has, in effect, not only doomed UPC ambitions but also European Patents (or their perceived legitimacy, presumption of validity)



  12. António Campinos -- Unlike His Father -- Engages in Imperialism (Using Invalid Patents)

    Despite some similarities to his father (not positive similarities), António Campinos is actively engaged in imperialistic agenda that defies even European law; the EPO not only illegally grants patents but also urges other patent offices to do the same



  13. António Campinos Takes EPO Waste and Corruption to Unprecedented Levels and Scale

    The “B” word (billions) is thrown around at Europe’s second-largest institution because a mischievous former EUIPO chief (not Archambeau) is ‘partying’ with about half of the EPO’s all-time savings, which are supposed to be reserved for pensions and other vital programmes, not presidential palaces and gambling



  14. Links 15/6/2019: Astra Linux in Russia, FreeBSD 11.3 RC

    Links for the day



  15. Code of Conduct Explained: Partial Transcript - August 10th, 2018 - Episode 80, The Truth About Southeast Linuxfest

    "Ask Noah" and the debate on how a 'Code of Conduct' is forcibly imposed on events



  16. Links 14/6/2019: Xfce-Related Releases, PHP 7.4.0 Alpha

    Links for the day



  17. The EPO is a Patent Troll's Wet Dream

    The makers of software and games in Europe will have to spend a lot of money just keeping patent trolls off their backs — a fact that seems to never bother EPO management because it profits from it



  18. EPO Spreading Patent Extremists' Ideology to the Whole World, Now to South Korea

    The EPO’s footprint around the world's patent systems is an exceptionally dangerous one; The EPO amplifies the most zealous voices of the patents and litigation ‘industry’ while totally ignoring the views and interests of the European public, rendering the EPO an ‘agent of corporate occupation’



  19. Guest Post: Notes on Free Speech, and a Line in the Sand

    We received this anonymous letter and have published it as a follow-up to "Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF"



  20. Links 13/6/2019: CERN Dumps Microsoft, GIMP 2.10.12 Released

    Links for the day



  21. Links 12/6/2019: Mesa 19.1.0, KDE neon 5.16, Endless OS 3.6.0 and BackBox Linux 6

    Links for the day



  22. Leaked Financial 'Study' Document Shows EPO Management and Mercer Engaging in an Elaborate “Hoax”

    How the European Patent Office (EPO) lies to its own staff to harm that staff; thankfully, the staff isn't easily fooled and this whole affair will merely obliterate any remnants of "benefit of the doubt" the President thus far enjoyed



  23. Measuring Patent Quality and Employer Quality in Europe

    Comparing the once-famous and respected EPO to today's joke of an office, which grants loads of bogus patents on just about anything including fruit and mathematics



  24. Granting More Fundamentally Wrong Patents Will Mean Reduced Certainty, Not Increased Certainty

    Law firms that are accustomed to making money from low-quality and abstract patents try to overcome barriers by bribing politicians; this will backfire because they show sheer disregard for the patent system's integrity and merely lower the legal certainty associated with granted (by greedy offices) patents



  25. Links 11/6/2019: Wine 4.10, Plasma 5.16

    Links for the day



  26. Chapter 10: Moving Forward -- Getting the Best Results From Open Source With Your Monopoly

    “the gradual shift in public consciousness from their branding towards our own, is the next best thing to owning them outright.”



  27. Chapter 9: Ownership Through Branding -- Change the Names, and Change the World

    The goal for those fighting against Open source, against the true openness (let's call it the yet unexploited opportunities) of Open source, has to be first to figuratively own the Linux brand, then literally own or destroy the brand, then to move the public awareness of the Linux brand to something like Azure, or whatever IBM is going to do with Red Hat.



  28. Links 10/6/2019: VLC 3.0.7, KDE Future Plans

    Links for the day



  29. Patent Quality Continues to Slip in Europe and We Know Who Will Profit From That (and Distract From It)

    The corporate media and large companies don't speak about it (like Red Hat did before entering a relationship with IBM), but Europe is being littered and saturated with a lot of bogus software patents -- abstract patents that European courts would almost certainly throw out; this utter failure of the media to do journalism gets exploited by the "big litigation" lobby and EPO management that's granting loads of invalid European Patents (whose invalidation goes underreported or unreported in the media)



  30. Corporate Front Groups Like OIN and the Linux Foundation Need to Combat Software Patents If They Really Care About Linux

    The absurdity of having groups that claim to defend Linux but in practice defend software patents, if not actively then passively (by refusing to comment on this matter)


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

Recent Posts