Bonum Certa Men Certa

Microsoft's Proxy Fights (via Patent Trolls) Emerge in the Courtroom

Beer



Summary: Intellectual Ventures' connections to Lodsys are being shown to the judge by DriveTime, which also uses the recent NPR article (about Intellectual Ventures) as evidence

The Oracle vs. Google case that Groklaw keeps track of may as well be motivated by part of the cartel Google spoke about. We have already written very extensively about the relationship between Apple and Oracle. But another fascinating battle comes from Microsoft's alter ego, Intellectual Ventures (IV), which is the world's largest patent troll.



According to this new article from Groklaw, Lodsys may be also an "alter ego" of Intellectual Ventures, as we mentioned before [1, 2, 3, 4]. To quote Groklaw's Professor Webbink:

Lodsys - DriveTime Says It Suspects Lodsys is an "alter ego" of Intellectual Ventures, Asks to Do Discovery



DriveTime Automotive Group has filed a motion, Motion For Leave To Conduct Jurisdictional Discovery And To Stay Response To Motion To Dismiss, in its Arizona declaratory judgment action against Lodsys. That is a mouthful for saying they believe Lodsys does, in fact, have jurisdictional ties to Arizona (where DriveTime is located) and that they should be allowed the opportunity to conduct limited discovery against Lodsys for the purpose of proving that point before the court simply grants Lodsys' motion to dismiss for lack of jurisdiction

DriveTime is asking the Arizona federal district court to let it do discovery to flush out any Intellectual Ventures ties to Lodsys. DriveTimes says they "strongly suspect, as do others, that Lodsys is a spin-off and the alter ego of a company called Intellectual Ventures (“IV”), known as “patent troll public enemy #1.”

It quotes from the recent NPR article implying such a connection, and attaches it as an exhibit [PDF], and it describes how patent trolling works, saying that trolls often assert baseless claims, and it says that Lodsys's claims against it are precisely that, baseless. So it would like to do discovery to flush out all the secret corners of the claim against it:
DriveTime seeks leave to conduct jurisdictional discovery because much of Lodsys’s licensing and enforcement efforts, and certainly its relationship with IV, are not a matter of public record. Specifically, DriveTime seeks permission to take written discovery and depositions on the following:

* (i) Lodsys’s licensing and enforcement activities in Arizona and/or with companies residing and/or doing substantial business in Arizona, including the nature of those licenses and whether they include any affirmative obligations on the part of Lodsys; * (ii) Lodsys’s qualification as a patent troll that has attempted to manufacture jurisdiction in the Eastern District; * (iii) the relationship between Lodsys and IV, and IV’s contacts with Arizona; and * (iv) the baseless nature of Lodsys’s infringement claims in its cease and desist letters.

Such discovery will uncover facts to demonstrate this Court has jurisdiction over Lodsys.
If the judge agrees, it looks like we'll finally get evidence one way or the other regarding the Intellectual Ventures' connection.


There are all sorts of patent trolls at play and they are being used by real companies (with products) to launch legal attacks on the competition. This way they can pretend not to use their patents offensively and they cannot be sued back, either. One of the trolls which gets used by Apple and Microsoft is MPEG-LA, which is generally busy attacking Google, with support from Microsoft boosters. By E-mail correspondence we are starting to piece together an accurate picture of which company uses which troll/s. We'll publish the details about this some time this year (some mail is explicitly confidential and some is out of date or inaccurate, so more research or organisation is required).

Yesterday Eben Moglen was quotes as saying that the "big challenge is software patents.

"Companies are acquiring munitions to destroy Linux. We've been preparing for this 2 decades..." ⬆

Recent Techrights' Posts

What Linus Torvalds Told Me Two Decades Ago
It seems like he was eager to distinguish himself from the "elders" of FSF [...] For anything "revolutionary" to happen in the sciences one must accept the risk of living in poverty like Tesla (the person, not the right-wing fanatics) and Torvalds isn't too old to "cause a stir"
 
"Early Retirement" (Silent Layoffs) for Everybody Except the Executives
Some will stick around even past 70
Despite the Mass Layoffs Microsoft's Debt Soared by 5.1 Billion Dollars in Just 3 Months
This is why Microsoft asks 60,000 workers to leave
Gemini Links 30/10/2026: Solar MiniBBS, Kubernetes With FreeBSD, "Sysadmin Day"
Links for the day
Microsoft Layoffs Far Worse Than the Media Tells (Microsoft Spin Laundered as "Reporting")
Some people are made to "retire" and sign an NDA to make it seem like a happy ending and mostly consensual retreat
Links 30/10/2026: Google Crashes on Slop Disappointment and GAFAM's "Data Center Blitz Is Burning Through Cash and Scaring Wall St."
Links for the day
Fake 'Articles' in The Register MS Concerning "AI"
We don't suppose The Register MS will be around for much longer after this bubble pops
GNU/Linux as a Free Software Platform is More GNU (and GPL) Than Linux
GNU predates Linux by nearly a decades and it was born to tackle injustices
Who Or What Are Security Professionals/Experts?
Companies like GAFAM are willing to tolerate cheaters because those companies themselves are cheats
Intercontinental Brigading - Part XXIII - What Garrett Did Puts Elections at Risk (Also in His Own Country, Where a Dictator Trusts Only Machines That 'Support' Him)
UEFI 'security' is only as trustworthy as its ferocious boosters
Gemini Links 30/10/2026: RIP Patrick Stewart and Amp Integration
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 29, 2026
IRC logs for Thursday, October 29, 2026
The Metric is Not the Mission
"Passing Thoughts" by Andy
More Than 5 Years Have Passed Since Official Release of Vista 11 and in the US It's Measured as Only 3 Times Bigger Than GNU/Linux on the Desktop/Laptop
If mobile is culled from the statistics, then GNU/Linux is somewhere near 11%
It's About Intention, Not Attrition, at Microsoft
Microsoft does in fact aim to push many workers off the cliff
The Next 50 Years of Emacs (and GNU)
GNU's founder made the widely used editor, GNU Emacs
Links 29/10/2026: Microsoft-Connected and Funded Openwashing at FOSDEM, Tragedy in Spain
Links for the day
Gemini Links 29/10/2026: London, Worcestershire, and Robot Exclusion Protocol
Links for the day
The Register MS is Publishing Spam About "AI" for HP, Sponsored by HP, Even Composed by HP
Or "HPE" as they choose to call themselves (with the hype of "enterprise")
Links 29/10/2026: Anthropic Still Sued Over Copyright Infringement (Plagiarism Isn't "Training"), Elon Musk Openly Admits He Helps Putin Crush Ukraine
Links for the day
Intercontinental Brigading - Part XXI - Techrights Was Right, So Why Was It Punished by Lawfare While the Culprits Walk Away Scot-free?
Techrights did a public service, cautioning about real risks to the public, but the people who caused the problems walk away scot-free
Intercontinental Brigading - Part XXII - Still "Radio Silence" From "Restricted Boot" Perpetrators (After Techrights Proven Right Again)
Maybe when they sober up they'll say something...
'Secure' Boot Is Not Secure, Here Are News Reports About the Latest Evidence
We'll be linking to this page in the future as evidence of the catastrophe
No, Microsoft Isn't Doing Well (It Has Struggled for a Long Time)
Microsoft isn't growing, the shares are a Ponzi scheme of sorts
What Makes Techrights a Community
Communities can accomplish a lot. They cannot be "bought" and "sold", they're based on trust, mutual respect, and shared ideology.
Linux Links 29/10/2026: Refractor Stargazing and Making Better Use of RAM in Linux
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 28, 2026
IRC logs for Wednesday, October 28, 2026
Project Glasswing and PHP2Shell vulnerability
by Akira Urushibata
Turning Point for the Slop Industrialists
First, a lot of people who work on "hey hi" at Microsoft (no matter the buzzword or brand, e.g. "copilot") are impacted
Links 28/10/2026: Slop Bubble Pops in China, Rocky Linux Creator Becomes Slopper, Openwashing by the Slop Pushers Explained
Links for the day
Gemini Links 28/10/2026: Slop Plagiarism Considered a "Weapon", "Completely restored HTML interface to the Orbital Fox mailing list"
Links for the day
The Corrupted Corporate Media is Spinning Massive Microsoft Layoffs as "Investment in AI" Instead of Evidence That "AI" Nonsense is Catastrophic
Microsoft asking 30% of its staff to leave is a sign of bubble
Links 28/10/2026: "Rest of World Faces Prospect of Shutting Down" and Robert Reich Says "Musk Wants Me Imprisoned"
Links for the day
Gemini Links 28/10/2026: Cold Outside Again and Maths
Links for the day
Intercontinental Brigading - Part XX - Restricted and Moot, or How 'Secure Boot' Turns Out to be a Disaster (Again) This Week
It already has a history of breaking/bricking servers
100 Years of IBM Racism
GAFAM is not about "diversity" or "equity" or whatever. It's a greedy, money-making venture, even if they appoint CEOs of colour
Racism at Microsoft
Microsoft tribalism has an element to it aside from corporate allegiance
Intercontinental Brigading - Part IX - Literature About Malignant Narcissists in America Silencing the Press
There's a price for criticising abuses
Compelling Examiners at the European Patent Office to Fake "Growth" (in Patent Monopolies) Using Slop and Sloppy Processes
The agenda of management is likely illegal and the methods likewise
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 27, 2026
IRC logs for Tuesday, October 27, 2026