Bonum Certa Men Certa

New Academic Paper Explains Why Europe Has Virtually No Patent Trolls, Italian Patent Troll Sisvel Makes a Comeback, Patent Lawyers Belittle the Problem

Brian J. LovePhoto source: Brian J. Love's official page

Summary: Analysis regarding patent trolls explains why Europe is so different from the United States and shows that academics think differently from patent lawyers, who basically monetise patent chaos

A new paper, titled "Patent Assertion Entities in Europe", is about to be published and presented by Brian J. Love from Santa Clara University School of Law, Christian Helmers, Fabian Gaessler, and Maximilian Ernicke (the latter are associated with European universities or other institutions). It has already been mentioned by James Bessen (prolific and influential writer in this area [1, 2, 3, 4]) and opponents of software patents and patent trolls in Europe (to whom the EPO is increasingly helping). The paper's asbstract is as follows: "This book chapter presents the findings of an empirical study of U.K. and German patent litigation involving patent assertion entities (PAEs). Overall, we find that PAEs account for roughly ten percent of patent suits filed in these countries during the time periods covered by our study: 2000-2013 for the UK and 2000-2008 for Germany. We also present a variety of additional data on the characteristics of European PAE suits and PAE-asserted patents and, finally, consider what our findings suggest are the most important reasons PAEs tend to avoid European courts. We conclude that, while many factors likely contribute to the relative scarcity of PAEs in Europe, the continent’s fee-shifting regimes stand out as a key deterrent to patent monetization."



“We conclude that, while many factors likely contribute to the relative scarcity of PAEs in Europe, the continent’s fee-shifting regimes stand out as a key deterrent to patent monetization.”
      --Brian J. Love et al
We hope that decision-making politicians will pay attention to this; the patent maximalists from IAM (profiting from anarchic wars over patents) call the European patent troll Sisvel [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12] an "NPE". Why are they calling a troll "NPE"? Because they try to legitimise the status quo and make what they profit a lot from seem acceptable. Sisvel is an Italian patent troll which we previously called the "European Patent Mafia" and a "German court awards injunction to [this troll] in first post-Huawei v ZTE standard essential patent decision," according to this article. It's based on a new announcement and it says: "A press release sent out this afternoon by German law firm Arnold Ruess reveals that its client Sisvel, the Italian patent licensing business, has secured a significant victory in the German courts. In the country's first decision relating to FRAND and standards essential patents (SEPs) since the European Court of Justice’s judgment in the Huawei v ZTE case, Sisvel has been granted injunctions after the Düsseldorf Regional Court found that its patents had been infringed by Chinese company Haier."

Meanwhile, other patent lawyers also try to defend patent trolls (or NPEs as the lawyers call them). Here is one who will be "speaking at the upcoming IAM Patent Law and Policy event on November 17, 2015, in Washington, DC." She dismisses the labeling/stereotyping of many notorious entities, insisting that they are not patent trolls. To quote:

The “patent troll” narrative — fueled by anecdotal tales of mom-and-pop operations snared by fraudulent patent suits and the image of ugly green trolls paraded from the House floor to the White House – became the conventional wisdom on patents almost overnight. As readers of IPWatchdog know well, the only “data” offered to support the narrative were compiled from surveys with unscientific methodologies, nonrandomized survey bases and ill-defined notions of a “troll” that swept in universities, small inventors and anyone who owned a patent but didn’t manufacture, market and distribute the related product.


Well, that is by definition a patent troll. We have seen patent lawyers and trolls' apologists insisting that even world's largest patent troll (Intellectual Ventures) is not a patent troll. That was some days ago in Twitter; it happened as a result of this article of ours. Software patents boosters (profiteers or proponents who are patent lawyers) define "trolls" the way that suits their financial agenda and if terminology was left for them to decide on, no patent sharks and patent trolls would exist at all. They already distort popular languages and legal terminology with a lot of their euphemisms. Should we continue to let them have their way? Brian J. Love refers to patent trolls as "PAEs", but why not use familiar (and popular) terms like "patent trolls"? Do these not sound professional enough? Will a peer review process suppress these?

"Software patents boosters (profiteers or proponents who are patent lawyers) define "trolls" the way that suits their financial agenda and if terminology was left for them to decide on, no patent sharks and patent trolls would exist at all."The US has a very serious patent trolls problem. Public discourse including politicians and a top judge use the term "patent trolls". Let's insist on the use of this term. "Lawyers rank East Texas as worst jurisdiction in US," wrote a patent trolls opposition group, "based on judges' low impartiality scores." The EFF hopes to shut it down, but patent lawyers just keep pretending that no such problem exist. They refuse to even use the term "patent trolls".

GOP-centric sites are meanwhile trying to frame patent aggressors like Apple as the victims of patent trolls, with narratives like this one which says: "Remember how one small business spent $100,000 to tackle a single frivolous patent lawsuit? Imagine being Apple, which has to deal with over 800 of them every year. That means that if Apple fought every single one of those and won, it’d still spend close to $80 million. In fact, even paying a lowball settlement cost for such lawsuits would still end up costing millions. That’s millions of dollars that could be spent on jobs or research and development every year."

The reality of the matter is, the principal victims of patent trolls are small businesses and groups of software developers, to whom an attack by one single troll can be the cause of bankruptcy. We shouldn't let patent lawyers dominate the media and claim that patent trolls don't exist and aren't a problem of high severity. They most certainty are, and their weapon of choice is software patents.

Recent Techrights' Posts

Early Retirement Age: Linus Torvalds Turns 55 Next Week
Now he's almost eligible for retirement in certain European countries
Gemini Links 22/12/2024: Solstice and IDEs
Links for the day
BetaNews: Microsoft Slop is Your "Latest Technology News"
Paid-for garbage disguised as "journalism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 21, 2024
IRC logs for Saturday, December 21, 2024
Links 21/12/2024: EU on Solidarity with Ukraine, Focus on Illegal and Unconstitutional Patent Court in the EU (UPC)
Links for the day
[Meme] Microsofters at the End of David's Leash
Hand holding the leash. Whose?
Deciphering Matt's Take on WordPress, Which is Under Attack From Microsofters-Funded Aggravator
the money sponsoring the legal attacks on WordPress and on Matt is connected very closely to Microsoft
Gemini Links 21/12/2024: Projections, Dead Web ('Webapps' Replacing Pages), and Presentation of Pi-hole
Links for the day
American Samoa One of the Sovereign States Where Windows Has Fallen Below 1% (and Stays Below It)
the latest data plotted in LibreOffice
[Meme] Brian's Ravioli
An article per minute?
Links 21/12/2024: "Hey Hi" (AI) or LLM Bubble Criticised by Mainstream Media, Oligarchs Try to Control and Shut Down US Government
Links for the day
LLM Slop is Ruining the Media and Ruining the Web, Ignoring the Problem or the Principal Culprits (or the Slop Itself) Is Not Enough
We need to encourage calling out the culprits (till they stop this poor conduct or misconduct)
Christmas FUD From Microsoft, Smearing "SSH" When the Real Issue is Microsoft Windows
And since Microsoft's software contains back doors, only a fool would allow any part of SSH on Microsoft's environments, which should be presumed compromised
Paywalls, Bots, Spam, and Spyware is "Future of the Media" According to UK Press Gazette
"managers want more LLM slop"
Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
"The Real New Year" is Now
Happy solstice
Microsoft OSI Reads Techrights Closely
Microsoft OSI has also fraudulently attempted to censor Techrights several times over the years
"Warning About IBM's Labor Practices"
IBM is not growing and its revenue is just "borrowed" from companies it is buying; a lot of this revenue gets spent paying the interest on considerable debt
[Meme] The Easier Way to Make Money
With patents...
The Curse (to Microsoft) of the Faroe Islands
The common factor there seems to be Apple
Electronic Frontier Foundation Defends Companies That Attack Free Speech Online (Follow the Money)
One might joke that today's EFF has basically adopted the same stance as Donald Trump and has a "warm spot" for BRICS propaganda
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 20, 2024
IRC logs for Friday, December 20, 2024
Gemini Links 21/12/2024: Death of Mike Case, Slow and Sudden End of the Web
Links for the day
Links 20/12/2024: Security Patches, Openwashing by Open Source Initiative, Prison Sentence for Bitcoin Charlatan and Fraud
Links for the day
Another Terrible Month for Microsoft in Web Servers
Consistent downward curve
LLM Slop Disguised as Journalism: The Latest Threat to the Web
A lot of it is to do with proprietary GitHub, i.e. Microsoft
Gemini Links 20/12/2024: Regulation and Implementing Graphics
Links for the day
Links 20/12/2024: Windows Breaks Itself, Mass Layoffs Coming to Google Again (Big Wave)
Links for the day
Microsoft: "Upgrade" to Vista 11 Today, We'll Brick Your Audio and You Cannot Prevent This
Windows Update is obligatory, so...
The Unspeakable National Security Threat: Plasticwares as the New Industrial Standard
Made to last or made to be as cheap as possible? Meritocracy or industrial rat races are everywhere now.
Microsoft's All-Time Lows in Macao and Hong Kong
Microsoft is having a hard time in China, not only for political reasons
[Meme] "It Was Like a Nuclear Winter"
This won't happen again, will it?
If You Know That Hey Hi (AI) is Hype, Then Stop Participating in It
bogus narrative of "Hey Hi (AI) arms race" and "era/age of Hey Hi" and "Hey Hi Revolution"
Bangladesh (Population Close to 200 Million) Sees Highest GNU/Linux Adoption Levels Ever
Microsoft barely has a grip on this country. It used to.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 19, 2024
IRC logs for Thursday, December 19, 2024