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

10.30.18

IBM- and Microsoft-Backed Patent Troll Strikes Again and IBM’s Lobbyist for Software Patents Has Just Defended Patent Trolls (Again)

Posted in GNU/Linux, IBM, Microsoft, OIN, Patents, Red Hat at 9:56 am by Dr. Roy Schestowitz

Related: IBM, IPO, AIPLA, ABA and Other Lobbying/Front Groups of the Patent Microcosm Are Trying to Change US Law for Software Patents

David Kappos as lobbyist

Summary: With IBM and Microsoft having lots of commonalities when it comes to patent policy and exploitation of the law (both employed similar people too, notably Marshall Phelps and David Kappos, former Director of the USPTO), concerns should be raised in light of the latest lawsuit from the patent troll they support

FORGET the nonsense about OIN and LOT Network; OIN does nothing to shield anyone from trolls or proxies, which Microsoft is leveraging to sell “Azure IP Advantage” [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21]. It’s also difficult to forget Microsoft’s role in the SCO lawsuit, which is still ongoing (more than a decade and a half now) and primarily targets IBM.

“It is quite worrying to see IBM- and Microsoft-employed lobbyists publicly defending patent trolls on the very same day an IBM-armed and Microsoft-funded patent troll uses software patents for blackmail.”According to patent boosters, who took note of it pretty fast and linked to reports, patent troll Finjan, fueled by the new owner of Red Hat, backed and financed by Microsoft, filed another lawsuit. We had spotted the original press release within hours upon publication and it said this:

Finjan Holdings, Inc., (NASDAQ:FNJN), a cybersecurity company, today announced that — after nearly two years of good faith efforts to resolve a patent dispute with Fortinet, Inc. ( “Fortinet”) — its subsidiary Finjan, Inc. (“Finjan”) has filed a patent infringement lawsuit against Fortinet, Inc., a Delaware corporation with headquarters in Sunnyvale, California, in the U.S. District Court for the Northern District of California.

Finjan filed the Complaint (Case No. 3:18-cv-06555), on October 26, 2018, and alleges that Fortinet’s products and services infringed or are infringing at least nine of Finjan’s U.S. patents. Specifically, Finjan asserts that Fortinet’s FortiGate, FortiManager, FortiAnalyzer, FortiSiem, FortiSandbox, FortiMail, FortiWeb, FortiCache and FortiClient technologies, including Fortinet Security Fabric Platform products infringe U.S. Patent Nos. 6,154,844; 6,965,968; 7,058,822; 7,418,731; 7,647,633; 7,975,305; 8,079,086; 8,225,408; and 8,677,494 (collectively “the Asserted Patents”). Finjan is seeking, among other things, a jury trial, past damages not less than a reasonable royalty, enhanced damages for willful, wanton and deliberate infringement, and reasonable attorneys’ fees and costs for infringement of each of the Asserted Patents. Additionally, Finjan is seeking preliminary and permanent injunctive relief against Fortinet and those in privity with them, from infringing and inducing the infringement of the ‘968, ‘822, ‘731, ‘633, ‘305, and ‘408 Patents.

These are software patents. So the same month that Microsoft said it had reached patent “truce” with GNU/Linux its patent troll Finjan is filing yet another lawsuit against Microsoft’s rivals. It’s as if nothing at all has changed except Microsoft’s lies embedded all over the media (something about “protecting Linux” and “open-sourcing patents).

Meanwhile, the lobbyist David Kappos (sponsored by Microsoft and IBM after he had run the USPTO) is promoting software patents and patent trolls (like Microsoft’s and arguably IBM). He uses the euphemism non-practicing entities (NPEs) and published this article yesterday in what’s likely the largest site on the topic, saying:

The recipe for swinging the pendulum of patent law towards weaker patent rights is simple: Start with a generous warning about the scourge of low quality patents, stir in a skosh of fear mongering regarding non-practicing entities (NPEs) asserting those patents, then apply heat with predictions of lost jobs and threats to innovation, publicize in a blog, speech or article, and there you have it!

Just like the Trump-appointed Director Iancu he seems to be denying there’s a problem. Earlier this month Iancu came under a lot of fire, especially from front groups of technology firms large and small, after he had insinuated that patent trolls aren’t a problem or don’t even exist (they’re a ‘fiction’ or ‘fake news’). It is quite worrying to see IBM- and Microsoft-employed lobbyists publicly defending patent trolls on the very same day an IBM-armed and Microsoft-funded patent troll uses software patents for blackmail. Need we add that on the same day IBM also announced that it bought or agreed to buy all of Red Hat’s ‘defensive’ patents, which include software patents? The Federal Circuit typically finds that those patents are invalid (if the case reaches that far, at great expense to the defendant).

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. The Fall of the UPC - Part IX: Campinos Opens His Mouth One Week Later (and It's That Hilarious Delusion Again)

    Team Campinos said nothing whatsoever about the decision of the FCC until one week later, whereupon Campinos leveraged some words from Christine Lambrecht to mislead everybody in the EPO's official "news" section



  2. Pretending EPO Corruption Stopped Under António Campinos When It is in Fact a Lot Worse in Several Respects/Aspects (Than It Was Under Benoît Battistelli)

    Germany's eagerness to keep Europe's central patent office in Munich (and to a lesser degree in Berlin) means that politicians in the capital and in Bavaria turn a blind eye to abuses, corruption and even serious crimes; this won't help Germany's image in the long run



  3. IRC Proceedings: Saturday, March 28, 2020

    IRC logs for Saturday, March 28, 2020



  4. Links 28/3/2020: Wine 5.5 Released, EasyPup 2.2.14, WordPress 5.4 RC5 and End of Truthdig

    Links for the day



  5. IRC Proceedings: Friday, March 27, 2020

    IRC logs for Friday, March 27, 2020



  6. The Fall of the UPC - Part VIII: Team UPC Celebrates Death, Not Life

    Team UPC plays psychological games now; it is trying to twist or spin its defeat as good news and something to be almost celebrated; it is really as illogical (and pathetic) as that sounds



  7. Links 27/3/2020: GNU/Linux Versus COVID-19 and Release of GNU Guile 3.0.2

    Links for the day



  8. When Your 'Business' is Just 'Patent Portfolio'

    Hoarding loads of patents may seem impressive, but eating them to survive is impossible if not impermissible



  9. LOT Network is a One-Man (Millionaire's) Operation and Why This Should Alarm You

    The ugly story of Open Invention Network (OIN) and LOT; today we take a closer look at LOT and highlight a pattern of 'cross-pollination' (people in both OIN and LOT, even at the same time)



  10. Faking Production With Fake Patents on Software

    The EPO with its illegal guidelines (in violation of the EPC) can carry on churning out millions of fake patents that European courts would only waste time on and small companies be blackmailed with (they cannot afford legal battles)



  11. With the Unified Patent Court (UPC) Out of the Way Focus Will Return to EPO Corruption

    Expect the European Patent Office (EPO) to receive more negative attention now that the ’cause’ of UPC is lost and there’s no point pretending things are rosy



  12. IRC Proceedings: Thursday, March 26, 2020

    IRC logs for Thursday, March 26, 2020



  13. Links 27/3/2020: qBittorrent 4.2.2, Krita 4.2.9, pfSense 2.4, Bodhi Linux 5

    Links for the day



  14. IRC Proceedings: Wednesday, March 25, 2020

    IRC logs for Wednesday, March 25, 2020



  15. Still Work in Progress: Getting Those 2,851 Pages of Police Report About Arrest for Pedophilia in Home of Bill Gates

    It’s extremely difficult to get those police records, which were requested exactly one day before the media started attacking Richard Stallman (associating him with pedophiles based on a deliberate distortion)



  16. Links 26/3/2020: Plasma Bigscreen, New Kubernetes, Fedora's New Identity and Bodhi Linux 5.1.0

    Links for the day



  17. Guest Article: Window Managers, Github and Software Disobedience

    "Walking away from monopolies is the essence of freedom"



  18. Links 25/3/2020: LLVM 10.0.0 and UCS 4.4-4 Released, WordPress 5.4 RC4

    Links for the day



  19. 'Team UPC' Last Week

    The looks on Team UPC's faces 5 days ago (before and after the 9:30AM announcement)



  20. The Fall of the UPC - Part VII: Lies and Revisionism About the Reasons for the UPC's Ultimate Demise (to Leave the Door Open for More Failed Attempts)

    The media was lying in a hurry, in a coordinated effort to distort the meaning of the FCC's decision or belittle the impact of this decision; Techrights will carefully watch and respond to these lies



  21. IRC Proceedings: Tuesday, March 24, 2020

    IRC logs for Tuesday, March 24, 2020



  22. Linux Foundation Became Anti-Linux, Run by Microsoft People to Serve Microsoft's Agenda

    Microsoft is taking over the bodies of healthy projects, infecting the hosts in order for them to become slaves of the proprietary parasite; there's still no (known) cure, but we're familiar with the symptoms



  23. Microsoft Continues to Attack and Steal From the Open Source/Free Software Communities

    Microsoft cannot be trusted and there's no "new Microsoft," as another fairly new story serves to show



  24. Targeted Attack Leveraging FSF Servers

    Targeted by a determined and persist perpetrator, I've received over 20,000 E-mails. And the weapon of choice was the FSF's infrastructure, remotely misused against yours truly.



  25. If We Weren't Silencing Founders, Critics and People We Just Don't Like

    "In the long run, history is rarely very kind to tyrants, especially the ones who did little more than lie to people and demand things that served no real purpose."



  26. The Fall of the UPC - Part VI: Drowning in Material

    We're starting to see few good reports on the subject of UPC being rejected by the constitutional court of Germany; we also have a rapidly-growing 'buffer' of rather blatant examples of disinformation (which we'll tackle as best we can)



  27. FFII: EU Software Patent Court Stopped by Constitutional Court, Patent Industry Will Try Again

    The third attempt to validate software patents in Europe via a central patent court (UPC) has been stopped by the German Constitutional Court. The Unified Patent Court (UPC) would have given the keys of the kingdoms to the patent industry, and the last word over software patentability. FFII predict that the patent industry will continue to push for an UPC v2.0.



  28. Links 24/3/2020: Alpine 3.11.5, MythTV 31.0 and Tails 4.4.1

    Links for the day



  29. IRC Proceedings: Monday, March 23, 2020

    IRC logs for Monday, March 23, 2020



  30. Links 23/3/2020: Linux 5.6 RC7, Audacious 4.0, and Git 2.26 Released

    Links for the day


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