Bonum Certa Men Certa

Thomas Massie and Marcy Kaptur Are Promoting the Interests of Patent Trolls and Patent Lawyers While Calling That “Innovation”

“Innovation” does not mean bullying firms which actually invent and make stuff

Patent Trolls: Evidence from Targeted Firms



Summary: Remarks on the ongoing effort to promote patent trolls' interests under the guise of "helping small businesses" -- a very misleading propaganda pattern that we have been finding in Unified Patent Court (UPC) lobbying at the EPO

THE low quality of patents granted by the USPTO for a number of decades (still valid, expiry may take 2 decades) has meant that patent trolls lay their hands on software patents, which they can then use to blackmail small businesses (without even a court/legal challenge). Small businesses are harmed the most because of their lack of access to justice (simple matter of economics).

"Small businesses are harmed the most because of their lack of access to justice (simple matter of economics)."Recently, the patent trolls' lobby, IAM, advertised a huge patent troll called iPEL. The troll tries to market itself as the very opposite of what it is, calling itself "ethical" (even trademarking it!) and portraying itself as an ally of small businesses.

IAM's Jacob Schindler continues to play along with this scam, having published yet more nonsense for this troll earlier this week. To quote:

The recent launch of a new NPE, iPEL, caused more than a few raised eyebrows among experienced licensing operators. “Who is this guy?” seemed to be the collective response to iPEL’s co-founder Brian Yates who, in launching his new business, has come out swinging for the monetisation fences. His bold talk of a China-focused licensing strategy, backed by a large portfolio of assets from several of the biggest Chinese tech players and a $100 million kitty to play with courtesy of a hedge fund investor, has clearly grabbed a lot of attention.


They're trying the anti-China angle, but in reality it's just an elaborate plot to tax everyone using patents. IAM seems to have acted like a "media partner" of this elaborate plot, having spoken directly to the people behind this troll, lowered its paywall to increase exposure, and repeated the marketing lies.

"They're trying the anti-China angle, but in reality it's just an elaborate plot to tax everyone using patents."The reality behind patent trolls was explored in a very recent paper from Lauren Cohen (Harvard Business School; National Bureau of Economic Research (NBER)), Umit G. Gurun (University of Texas at Dallas) and Scott Duke Kominers (Harvard University). It's titled "Patent Trolls: Evidence from Targeted Firms", noting that these trolls have "become effective at bringing frivolous lawsuits" (harms small businesses the most because they cannot afford justice, it's just too expensive and settlement is a lot cheaper). To quote the abstract:

We develop a theoretical model of, and provide the first large-sample evidence on, the behavior and impact of non-practicing entities (NPEs) in the intellectual property space. Our model shows that NPE litigation can reduce infringement and support small inventors. However, the model also shows that as NPEs become effective at bringing frivolous lawsuits, the resulting defense costs inefficiently crowd out firms that, absent NPEs, would produce welfare-enhancing innovations without engaging in infringement. Our empirical analysis shows that on average, NPEs behave as opportunistic patent trolls. NPEs sue cash-rich firms ― a one standard deviation increase in cash holdings roughly doubles a firm's chance of being targeted by NPE litigation. We find moreover that NPEs target cash unrelated to the alleged infringement at essentially the same frequency as they target cash related to the alleged infringement. By contrast, cash is neither a key driver of intellectual property lawsuits by practicing entities (e.g., IBM and Intel), nor of any other type of litigation against firms. We find further suggestive evidence of NPE opportunism, such as forum shopping and targeting of firms that have reduced ability to defend themselves against litigation. We find that NPE litigation has a real negative impact on innovation at targeted firms: firms substantially reduce their innovative activity after settling with NPEs (or losing to them in court). Moreover, we neither find any markers of significant NPE pass-through to end innovators, nor of a positive impact of NPEs on innovation in the industries in which they are most prevalent.


In view of all this, consider the so-called 'reform' proposed by Thomas Massie and Marcy Kaptur, who generally push if not lobby to promote software patents and abolish the Patent Trial and Appeal Board (PTAB).

"In view of all this, consider the so-called 'reform' proposed by Thomas Massie and Marcy Kaptur, who generally push if not lobby to promote software patents and abolish the Patent Trial and Appeal Board (PTAB)."Now see the article "NSBA supports patent system reform measure" by Douglas Clark, promoted by Patently-O again and by various patent trolls (as noted in [1, 2]) for NSBA. It says:

NSBA officials said the Restoring America’s Leadership In Innovation Act, which was introduced by Reps. Thomas Massie (R-KY) and Marcy Kaptur (D-OH), is a necessary, small-business friendly alternative to other harmful patent reform initiatives currently pending before Congress.

[...]

In 2011, Congress passed and President Obama signed into law the America Invents Act (AIA), which the NSBA said resulted in negative side-effects for small-business innovators and limited their ability to protect their patents from infringement.


Actually, the biggest victims of software patents and litigation are small businesses. PTAB is of much use to them (they can even crowdsource/crowdfund an inter partes review (IPR)), so NSBA either does not understand how the patent system works or enlisted many of the parasites (like trolls) as members.

"The interests promoted by him aren't industry's or even innovation; he's attempting to change the law in favour of the litigation 'industry', i.e. those preying on actual scientists and holding innovation back."Sadly, the likes of Massie and Kaptur might actually believe that they are helping, boosted by these lies about US lost leadership in "innovation" -- a myth further perpetuated (disappointingly) by IP Watch yesterday. Amplifying WIPO and its new propaganda (whose purpose seems to be increasing patents and billionaires' protectionist laws), IP Watch speaks of something called "Global Innovation Index 2018". How was it measured? Patents?

Either way, if Massie can call himself a scientist (check out his professional background), he will reassess what he's doing here. The interests promoted by him aren't industry's or even innovation; he's attempting to change the law in favour of the litigation 'industry', i.e. those preying on actual scientists and holding innovation back.

Recent Techrights' Posts

European Patent Office (EPO) Series: Czech Mate: EPO Kingmaker or Merely a Pawn in the Game?
recent "missions" of the EPO President
SLAPP Censorship - Part 131 Out of 200: A Big Win for the Media in the United Kingdom (UK) Today
In a democratic society the Right to Know, which is closely connected to freedom of the press (or what one might label "blogging" or "blag"), comes above all else, except where there are lives being put at risk
IBM's Fedora Plans to Integrate Slop Into "Fedora Workstation as a Default Feature."
IBM does not care whether the community wants this or not
The Media Talks a Lot About XBox Layoffs, a Closer Look at the Data Shows Microsoft 'Bloodbath'
'Bloodbath' is the term insiders use
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 07, 2026
IRC logs for Tuesday, July 07, 2026
Links 07/07/2026: Microsoft Cuts Doom "id Software" and Turkey Detains Journalists
Links for the day
Gemini Links 07/07/2026: Old Computer Challenge (OCC) and Hardware Tests
Links for the day
A Break From the Routine
What matters is what whistleblowers keep feeding information to us
SLAPP Censorship - Part 132 Out of 200: When You Cannot Pay a Million Pounds (1,335,520.00 United States Dollar) to Lawyers But Have a Strong Community
Techrights compensates for its fiscal poverty with a wealth of community spirit
Fame is Not the Goal
"Fame" kills
Mental Health in Free Software Communities
clearly there is a subject that merits debate and it ought not be a taboo anymore
The Era of Sponsored Spam
There is no "era of AI", there is era of BRIBES to PRETEND there is an "era of AI"
Gemini Links 07/07/2026: Cleaning, Old Computer, and More
Links for the day
Links 07/07/2026: Le Monde Combats LLM Slop Plagiarism, "ACLU Launches Largest Ever Midterm Electoral Program"
Links for the day
Extremism in the Free Software World is Mostly a Myth
Only the firm belief that justice applies to all will produce a just society
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 06, 2026
IRC logs for Monday, July 06, 2026
Links 07/07/2026: Kernelized Secure Operating System (KSOS) and "Exploiting Thoughtcrime in LLMs"
Links for the day
SLAPP Censorship - Part 130 Out of 200: Jealousy, Envy, Hubris
This site is primarily about Free software
Gemini Links 06/07/2026: Still Mostly Dry, GoToSocial, and More
Links for the day
European Patent Office (EPO) Series: Effective Dispute Resolution… But Not For EPO Staff
Slovenia fielded one of the few Administrative Council delegations which managed to maintain its own independent line against the tyrannical EPOnian "Sun King"
Community Sites Need Genuine Collaboration and True Autonomy
People who want to communicate, federate and organise for effective change need to evolve
Free Software Foundation (FSF) Covers Quibble, Free Software for Secure Communications, in the FSF Summer Bulletin
The Georgia Tech folks are bringing Free software education and contributions to one of the better known Computer Science hubs in the US
Microsoft Layoffs Include Windows, Bing, Slop (CoPilot etc.) and There Will More More Rounds (or Waves) to Come
"43% of Xbox laid off"
Obscene Contradiction in Microsoft's Layoffs Tally ("Official" Numbers Do Not Add Up)
Notice how they treat "LinkedIn" as separate
Preserving Comments About the Real IBM Before They Get Deleted
IBM in the 1980s is not what it is right now
Cybershow on "Escaping Prisons For Your Mind"
"THE CYBER SHOW: Stealing technofascism's boots, and stomping on its own face with them."
Links 06/07/2026: At Least 20% Staff Reduction in XBox (Microsoft), Taiwan Sees Uptick in Chinese Aggression/Provocation, Senator Rodante Marcoleta Arrested
Links for the day
Confirmed: Microsoft Layoffs Come in Two Waves, Just Like Last Summer
To us, what stands out is the admission from Microsoft that there are two (or more) waves
In Praise of the UK's Stance on Free Speech (but Some Reservations)
At the moment there is a healthy discussion going on with the objective of disrupting attacks on British press
Exposing Corruption at the European Patent Office (EPO), a Call for More Whistleblowers
We predict that, provided enough whistleblowers speak out, António "the unready" won't even finish his current term
Leaving Our Pets for Several Days
This week our pets will be worried that "mommy and daddy" are away
Dating Trees and Dating 'Apps'
several high-profile stories in the news about scandals in "dating apps"
DW Documentary About Julian Assange Turns 2
It was released just days after Assange had turned 53 and about two weeks after he had left the UK
Independent Media is the Only Form of Legitimate Media
Independent media is, indeed, what we need to demand more of
The Story of the European Patent Office (EPO) Wagging the Dog (EU)
The aim of the series is to properly inform the world - not just Europeans - how Europe's second-largest institution is run [...] How did a corporate hub of monopolies become so detached from the Rule of Law?
GNU/Linux Up to New High in Libya, Windows Down to All-Time Low
GNU/Linux touches 5% there, based on statCounter
Links 06/07/2026: Artists Reject Slop (or Even de Facto Bribes to Market/Endorse Slop)
Links for the day
SLAPP Censorship - Part 129 Out of 200: Iranian Tactics
Hunger for revenge compels people to do overzealous, irrational things
Quiet Week
Many in the US are still enjoying an extended weekend
The Media Needs to Speak of Slop as a Climate Issue Like It Did With Bitcoin
But the slop industry keeps paying the media to play along with the hype
IBM's Fall
IBM's fate is closely connected to that of the Free software movement because of the salaries
Social Dialogue at the European Patent Office (EPO) is Dead, the Strikes and Work Stoppage-Like Actions Carry on
What next for the EPO?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 05, 2026
IRC logs for Sunday, July 05, 2026
Links 05/07/2026: Shadows of the Upper Peninsula and 2026 Old Computer Challenge
Links for the day