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

Censorship of Information Unflattering to IBM (or GAFAM)
Years ago we gave a platform to a censored Microsoft whistleblower
Silent Layoffs at Microsoft in 2026
Time will tell is there are investigative journalists out there who will quit parroting Microsoft (e.g. false layoff figures) and relying on LLMs controlled by Microsoft to spew out false "facts" for them
SLAPP Censorship - Part 91 Out of 200: Legal Aid in Support of Freedom of the Press and British Women (Attacked by Americans)
bolstered by prominent counsels
Codecs and Software Patents - Part XII - GNU's Web Site Will Soon Have Many Recent Talks by Chief GNUisance Richard Stallman (RMS)
GNU videos being transcoded or converted into AV1
The Fall of Slop (Even Microsoft Admits There's a Problem)
If Microsoft admits that slop is too expensive and is for "entertainment purposes" because it cannot be relied upon, why would anyone other than the pushers and profiteers still insist that slop bears potential?
 
It's Friday Night Again, So Microsoft is Again Shelving (Under Weekend Lull) Nightmare News for XBox Staff
It did the same thing when the chiefs of XBox got canned
Links 29/05/2026: "Spyware Economy" and Cuba's Energy Crisis
Links for the day
Gemini Links 29/05/2026: Rap Rant and LLMs Criticised
Links for the day
Akira Urushibata on Misleading Numbers From Anthropic's Project Glasswing (False Marketing by FUD Tactics)
Posted yesterday and approved a short while ago
[Video] Richard Stallman's Rapperswil (Switzerland) Talk Online
accessible without proprietary software
Trusting Trust is an Old Issue, Predating Rust and LLM Slop by Over Half a Century
Microsoft Lunduke wants to make a case against Rust and slop (LLMs), but the issues he addresses aren't exactly new or unique
California Should Have Abandoned So-called 'Age‑Verification Laws', Not Make Exemptions (for Now)
This has nothing to do with 1) children 2) safety 3) safety of children
Links 29/05/2026: Cory Doctorow on Why the Internet Feels So Broken, American Pope on Defederation
Links for the day
Techrights Does Not Censor Information About IBM, It Platforms and Retains Suppressed Voices From Inside IBM
They don't like it when people criticise the management [...] panic attacks mentioned
Bob (Robert) Cringely Devoted Three Years of His Life Trying to Profit From LLM Slop and Now He Sounds Off, It's Just Not Working and It Can Crash the Economy Soon
"The labs raising money at valuations with too many zeros are happy"
Techrights After About 60,000 Articles in 20 Years
Sites fail if they don't offer anything new or if they wrongly believe that adopting slop to parrot other sites will give them exposure
Organised Plunder or Robbery: GAFAM and Hardware Companies Rely on Media Bribery to Perpetuate False Narratives and to "Drive Sales" (and Drive Prices Upwards)
The price-fixing seems plausible and, if so, we need to demand action
Linux Foundation Destroys the Identity and History of Linux
Groklaw's PJ was thorn on the side of LF sponsors
The Problem of Microsoft Crimes
Opposing crime isn't "hatred"
Red Hat Will Die Inside a Dying IBM
IBM isn't where Red Hat came to thrive but where it came to die
Very Large Strike at the European Patent Office Today, "Production" Sank a Huge Deal
At this pace, we might be looking at tens of thousands fewer European Patents being granted this year
Gemini Links 29/05/2026: Leadership and Religion, the Board Game (Second Edition)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 28, 2026
IRC logs for Thursday, May 28, 2026
Links 28/05/2026: Pakistan and Afghanistan Are Still Fighting, Iranians Back Online
Links for the day
"LLMs Are Not Much More Than Plagiarism Engines"
the impact of LLMs on communities and software projects
Is Slop Profitable Yet? No.
Everything is a giant minus
Bob (Robert) Cringely Has Just Explained That After 3 Years of Hard Work It Became Apparent LLM Slop is Unfit for Purpose in Courts
Added moments ago to Daily Links
Links 28/05/2026: LibreSSL 4.3.2, "Jeff Bezos Is Afraid Of What Comes Next", Measles Making a Comeback
Links for the day
PCs That Are Made to 'Expire' and 'Secure' Boot Contributing to Planned Obsolescence
People who are responsible for this ought to be held accountable
Evil, Faceless Corporation: Google Steals Money From You If You Don't Purchase an Android Device for MFA
At this point, under the guise of "hey hi" (slop) Google is firing tens of thousands of workers
People Go Back to Basics, Abandon Microsoft's GitHub to Avoid Slop
The media didn't pay any attention to GitHub's de facto chief quitting Microsoft only a few months ago
SLAPP Censorship - Part 90 Out of 200: When Efforts to Silence His Spouse and Also the Wife of a Blogger in Another Continent Only Give More Exposure to Embarrassing Information
The Garrett trial ended in October 2025
IBM - Much Like the European Patent Office (EPO) - Gives the President (Head of Board and CEO) All the Money While Staff Drowns in High Inflation Rates
They're discussing the same sort of thing we often see mentioned in the EPO
"THE REGISTER EXPLAINER" as "Paid-for SPAM" at The Register MS With "AI" 40 Times in the Short Page
What will be left of The Register MS in a few years?
2025: EPO President Campinos Breaks the Cookie Jar, Steals Another Million Euros While His "Brother-in-Law" Does Cocaine at the Office and Staff Prepares Rolling, Indefinite Strikes
any additional month of Campinos in charge of the EPO is a liability not just to the EPO but the EU as well
Gemini Links 28/05/2026: Dumping Microsoft GitHub, Gopher Rabbit Hole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 27, 2026
IRC logs for Wednesday, May 27, 2026
Links 27/05/2026: TSMC Workers Next to Consider Strikes, Ceasefire Cracking
Links for the day
SLAPP Censorship - Part 89 Out of 200: SRA Admits Malfunction, That's Why Transparency is Paramount
There have been more efforts than we can to count or can enumerate (probably over 100 such efforts) to gag us and to prevent us writing about what has happened
Our Free Software Activist in Connecticut (USA)
We'll soon revisit the latest round of legislation on "age" (surveillance, ID)
Links 27/05/2026: Living Without 'Smartphoones' and "Russia’s Biggest Attack on Ukraine in 18 Months"
Links for the day
Gemini Links 27/05/2026: The USA as an "Experiment" and Some Ubuntu Manuals
Links for the day
[Video] Full Video of Richard Stallman's Talk in Rome
It seems inevitable that the official GNU site will have it
Slop is a Passing Fad, It's About Faking Productivity (Plagiarism, Misinformation, and False Positives)
Slop is a bubble. Some people accept it later than others.
Anderon - Like Kyndryl - Could be Far Deeper in Debt Than Its Alleged Worth (Vapourware)
Time will tell, but it seems like a Federal-enabled (by the Federal Government) accounting scam, nothing more, nothing less
The Media That Keeps Covering "AI" Because the Pushers of It Pay for Spam
23 times in the page they mention "AI"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 26, 2026
IRC logs for Tuesday, May 26, 2026
Codecs and Software Patents - Part XI - The Stance of RMS (Dr. Stallman) Reassured GNU Regarding AV1
cautioned against software patents since the early 90s if not earlier