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10.04.18

Microsoft’s Patent Trolls Are Alive and Well, Seeding Destruction Among Microsoft’s Competition

Posted in IBM, Microsoft, Novell, Patents at 5:48 am by Dr. Roy Schestowitz

Mono with teeth

Summary: Richard Lloyd shows that Intellectual Ventures continues to distribute its patents, sometimes to patent trolls from Texas (e.g. Dominion Harbor) and sometimes to others; Finjan, another Microsoft-funded troll, is fighting to salvage its software patents while suing Microsoft’s rivals in the security space

THE ABUSES of the EPO are only outweighed in severity by the protection racket of Microsoft; the latest incarnation of this protection racket of Microsoft is known as "IP Advantage". To receive ‘protection’ from Microsoft and its trolls one needs to pay monthly rental fees to Microsoft (Azure), even if one is a GNU/Linux user. Microsoft did something similar a decade ago with Novell. Back then too the marketing term “Advantage” was (mis)used spuriously.

“Microsoft did something similar a decade ago with Novell. Back then too the marketing term “Advantage” was (mis)used spuriously.”The phenomenon known as patent trolls has waned in the US, but it is not gone. Trolls’ booster Richard Lloyd (IAM) won’t say it in these words, but the trolls he covers (and loves, as some pay his salary) are losing hope, money, and morale. The US is finally nailing them.

Based on the latest update from Dallas (Texas), the USPTO continues to grant fake patents or software patents by the bucketloads (and Iancu makes these things worse). Some of these patents get granted to trolls and Microsoft’s patent troll Intellectual Ventures is imploding, having already passed thousands of its patents to other trolls in Texas. As Lloyd has just put it:

Intellectual Ventures is in the process of selling its third Invention Investment Fund, in a further indication of how the giant NPE is scaling back its business. IAM understands that the buyer is Micron. The sale has been confirmed to IAM by three separate sources, with a fourth identifying the US-based semiconductor giant as the buyer. IV declined to comment for this story.

For the iconic [sic] NPE, the sale is another step in its disposal programme which has ramped up significantly in recent years as it looks to whittle down a portfolio that at one point totalled over 35,000 individual patents. It is also a reflection of how much the climate has changed for IV’s investors – which for the third fund included Microsoft and Sony – with suggestions that several have become increasingly uncomfortable with a monetisation strategy based around assertion.

[...]

For its part, as well as upping its rate of disposals, Intellectual Ventures has also seen a significant amount of flux among its senior leadership with Van Arsdale, a key player in many recent deals, announcing last month that he is leaving the business.

While many in the patent community will seize on this latest news as another sign of IV’s decline, with a portfolio that still makes it one of the largest patent owners in the US and many of the assets being sold to assertion entities, it remains a potent force for now.

They also still target, sometimes with lawsuits, Microsoft’s competition.

Meanwhile, the Microsoft-backed and Microsoft-financed patent troll Finjan (last covered here yesterday) is trying to salvage its fake patents and here’s a new press release that they’ve paid to distribute through expensive wires to investors (there are actually shareholders willing to invest in trolls still). It’s about a Patent Trial and Appeal Board (PTAB) inter partes review (IPR):

Finjan Holdings, Inc. (NASDAQ:FNJN), and its subsidiary, Finjan, Inc. (“Finjan”), today announced that the USPTO, Patent Trial and Appeal Board (“PTAB”) entered a decision on appeal (Appeal 2018-007444) in favor of Finjan, and reversed Examiner’s rejection of certain challenged claims of U.S. Patent No. 8,015,182 (the “’182 Patent”) on reexamination.

Based on 35 U.S.C. § 101 at the U.S. Patent and Trademark Office (USPTO) many of Finjan’s patents are fake patents; Finjan is really afraid of them being tested. The Federal Circuit already squashed many of them (except one) and if Finjan is left with no patents it would be rendered worthless and maybe declare bankruptcy (at long last). Of course Finjan can always just ask other Microsoft trolls to sell it some new patents; Finjan got some dubious patents from IBM last year and Finjan has since then ramped its legal assault on Microsoft’s rivals.

Patent troll Uniloc was paid by Microsoft after long legal battles and nowadays it constantly goes after Apple, wishing for another pot of gold. Unified Patents fired back (files IPRs) and Apple continues to antagonise, resulting in another lawsuit as AppleInsider has just reported: (it happened yesterday)

Patent troll Uniloc returned to form on Wednesday after a months-long hiatus from lobbing allegations against Apple, this time challenging the company’s AirDrop file sharing technology with a 2006 Philips patent.

We pity the people who still believe or suddenly believe that Microsoft has changed. If anything, it has only changed for the worse; it’s more subtle in its attacks and is nowadays attacking less directly and infiltrating organisations it wishes to destroy. That’s what they must mean by the “new Microsoft”.

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