Bonum Certa Men Certa

Microsoft Accused of “Patent Trolling” While the United States Moves Closer to Restricting Patent Trolls

“The Commission cannot unilaterally take away a fundamental right of defense.”

--Horacio Gutierrez, Microsoft hypocrite who collects 'protection money' from companies that use/distribute Linux



Texas road



Summary: Patent aggressors like Microsoft and non-producing firms that take software patents to the Eastern District of Texas in order to extract money from producing companies have attracted unwanted attention from people who can put a stop to it

The recent articles about Microsoft's patent aggression (4 articles about it [1, 2, 3, 4]) have attracted a lot of traffic (our cache server got 22,986,674 hits in the past 4 weeks) and this led to a lot of articles in all sorts of media, including non-English media. This thread titled "Microsoft Linux patent trolling might be extending into the blockchain with microsoft Azure", for instance, links to this article which in turn cites us and says:



Microsoft has launched another anti-open source software campaign in the last few weeks, targeting prominent Linux and free software companies. They’re attempting to limit open-source development with buy-outs, patent trolling, and charging royalties for products that use Linux. Their recent efforts have them grabbing up patents for open source technology including software developed by Canonical, publishers of the most popular Linux distribution, Ubuntu.

[...]

This isn’t the first time Microsoft has used this methodology to try and hamper innovation in the open source community. They used similar techniques in 2006 by entering a patent agreement with Novell software concerning the sale of enterprise Linux products. They’ve done the same thing recently by applying for patents on their Continuum technology, (a similar software, called Convergence, had been in development at Canonical in the years prior) and Signing a patent deal with Rakuten Inc. that covers Android and Linux devices. Microsoft Uses these agreements to go after open-source software that hurts their margins, attempting to cripple innovation by circumventing the protections provided from open-source licensing. They use these cases as precedent to establish that Linux and other open source software is their Intellectual Property. These cases are typically covered by mainstream media outlets with considerable bias, painting Microsoft as protecting against infringement, when in reality the opposite is true.

[...]

In today’s legal and software development environments, open source licensing is no longer enough to protect projects that companies have an interest in kneecapping, as we’ve discussed in a previous article. Microsoft has done this in the past, so what’s stopping them from doing it again with the blockchain and cryptocurrencies? Not a whole lot at present. All it takes is a patent agreement with a smaller company that can’t afford a legal battle to start the process in the blockchain ecosystem to get Microsoft’s ball rolling again.


Microsoft is not a classic patent troll because it still has its own products in the mobile domain. But how long for?

"Microsoft is not a classic patent troll because it still has its own products in the mobile domain."According to this article from MIP, "TC Heartland will be heard today March 11 [that's days ago]. The case seeks to overturn the 1990 Federal Circuit case VE Holding v Johnson Gas Appliance, which gave patent owners more options on where to sue" (usually Eastern District of Texas [1, 2, 3]).

"A few months ago," wrote another author, "I was at the Eastern District of Texas Bench and Bar Conference, and I started talking to a federal district judge about her views of the then-imminent demise of Form 18, the form that essentially made it sufficient for a complaint alleging direct infringement to include only barebones allegations of the facts. Her response was, “it’s going to be Rule 12 hell.”"

The same author later asked (in the headline): "What Would Happen to Patent Cases if They Couldn’t all be Filed in Texas?"

"Wadhwa is not a patent troll but more of an academic and entrepreneur. Contrast his views with those of Neil Wilkof (IP Kat), who earlier today was softening the image of patent trolls and downplaying the issues associated with trolls.""So," he said, "where does this leave us? Many cases would have to move, and not just those filed by NPEs [trolls]. Even so, a decent number of cases could have stayed in the same location. That Delaware and Northern California would be the most popular is unsurprising given how many defendants are incorporated in Delaware or headquartered in Silicon Valley. Perhaps more surprising is that Eastern Texas remains third on the list, albeit with a much smaller percent of cases. These cases would likely be filed against retailers selling patented goods from stores located in that district, though there were some defendants in our sample that were headquartered there."

A new article by Vivek Wadhwa, whom we habitually cite here, wishes to put an end to all this costly and spurious/frivolous litigation. In AOL he wrote the other day: "What’s best for innovation is a thriving ecosystem in which companies build on each other’s ideas and constantly reinvent themselves—instead of trying to slow each other down in the courts.

"It’s bad enough when big companies with deep pockets battle each other, but for young companies, lawsuits can be fatal.

"Fledgling innovators have to live in constant fear of a big player or patent troll pulling out a big gun and bankrupting them. For startups, this is a greater concern than someone stealing their ideas."

Wadhwa is not a patent troll but more of an academic and entrepreneur. Contrast his views with those of Neil Wilkof (IP Kat), who earlier today was softening the image of patent trolls and downplaying the issues associated with trolls. He wrote: "In November 2013, as this Kat previously reported, over 60 intellectual property professors sent a letter to the United States Congress, setting out their critique of the patent system and suggestions for reform. Inter alia, the letter discussed the negative aggregate effect of patent trolls on innovation..."

Which everyone seems to be well aware of. It's hardly deniable.

“Interestingly, as this Kat has suggested elsewhere, the poster child for the risks (or opportunities) in the potential for scaling-up patent trolling, namely Intellectual Ventures, seems to have a significantly lowered public presence.”
      --Neil Wilkof
"In a word," Wilkof added, "there simply seems to be less buzz about the subject. Interestingly, as this Kat has suggested elsewhere, the poster child for the risks (or opportunities) in the potential for scaling-up patent trolling, namely Intellectual Ventures, seems to have a significantly lowered public presence. Whether a cause or effect of the more general decline of the patent troll is an interesting question. Moreover, this Kat wonders whether the difficulty in defining what is meant by a patent troll has also contributed to this decline."

Intellectual Ventures is a massive Microsoft-connected patent troll (one of several) and it indeed suffered layoffs. Nevertheless, there are also thousands of satellites around Intellectual Ventures, so it's hard to tell if it's shrinking, growing, or just morphing.

Among people who defend patent trolls (and sometimes get funded by them, e.g. IAM 'magazine') it's common to see claims that "troll" is undefined and the word hardly gets mentioned at all. Look at this comment on Wilkof's article, which says: "the Sea Change at the courts, effectively reversing State Street and finding (over and over again) ineligible the claimed subject matter that is being asserted by the NPE. After all, most of the claims asserted by the NPE's are business methods with a contribution to the useful arts that we can summarise as "do it on the internet". Investors have rumbled that such claims simply don't cut the mustard any more."

What he/she/they mean to say is, these are "over the Internet" software patents; that's one of the most popular weapons of patent trolls.

"We wrote a great deal about both the PATENT Act and Innovation Act and explained repeatedly that these are designed to help big corporations at the expense of patent trolls, rather than help society as a whole at the expense of patent trolls."Now that patent trolls are back on the agenda in the US (first time since last summer's recess at Congress), some writers pretend that we need trolls for "innovation". This one example says: "Our future economy is based on innovation, like the many life science and biotechnology companies being developed in Kentucky. Not only is our industry helping to tackle some of the world’s greatest health threats, but we are doing so while creating the next generation of jobs."

This guy thinks that innovation cannot happen without patents in every single domain? Or that combating patent trolls is someone bad for small businesses? Pretending that curbing the wave of patent trolls can actually harm small businesses (which trolls usually extort until they're bankrupt) is misleading at best. Here is another new example from the news. "S 1137 (the PATENT Act) and HR 9 (the Innovation Act)," says this person, "would change the way patent lawsuits are handled. The new process would create a complex and expensive legal patchwork that would make it nearly impossible for small and medium-sized businesses and inventors to defend their patents. While large corporations and their teams of high-priced attorneys will be impacted little by the changes in these bills, those without the resources to defend their patents will be devastated."

We wrote a great deal about both the PATENT Act and Innovation Act and explained repeatedly that these are designed to help big corporations at the expense of patent trolls, rather than help society as a whole at the expense of patent trolls. It does not, however, mean that these so-called 'reforms' are undesirable or detrimental to small businesses which actually produce things (i.e. not patent trolls).

Comments

Recent Techrights' Posts

Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
 
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
"But Corruption is Everywhere"
"We'll always have Polio..."
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025