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

IBM Eliminating Over 20,000 IBM Workers by Year's End, Insiders Claim
the layoffs are silent
The Register MS Publishes More Word Salads Promoting "AI" Because It's Paid to Do So
Hype, name-dropping, and scaremongering
 
Corporate Media Will Always Glorify Its Owners (Corporations That Value Nothing But Capital)
Collecting "money" like it's a form of competition where they track "score"
We'll Never Do Slop!
Being against slop is not being "left behind"
Thieves Complain About the People They Steal From
"When you point the finger at someone, there are three fingers pointing back to you"
Links 04/09/2026: "The Rise of the Billionaire Lobby", the "Imperialist Delusions", and Digital Restrictions (DRM) From Nvidia
Links for the day
Buying From China
Nations must begin to speak about their digital sovereignty, which Free software is best equipped to grant and best positioned to assure in the face of outside resistance
GNU/Linux Continues to Grow in China
GNU/Linux reached its highest point in a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 03, 2026
IRC logs for Thursday, September 03, 2026
Gemini Links 04/09/2026: Forgotten Realms Avatar Series and Slop Plagiarism's Footprint in Gopher/Geminispace
Links for the day
Like Uber, Paypal's Debt Has Shot Up 2.5 Billion Dollars in 3 Months, Now the Mass Layoffs Come to India
even reducing the salaries by offshoring isn't enough to save the company
Microsoft "engineers who aren’t critical are let go" this week/month (silent layoffs)
"stack ranking"
Is Microsoft Trying to Kill What's Left of XBox by Year's End?
How many people will still bother purchasing these consoles by the end of the year?
SLAPP Censorship - Part 170 Out of 200: Downtimes
Yesterday traffic skyrocketed here
Gemini Links 03/09/2026: Google Maps, Gemini's Early History, and Suppressing Slop Plagiarists
Links for the day
Links 03/09/2026: Unsafe Skies, Thunderbird Adopts Proprietary / Vendor Lock-in Traps, "Xbox Live Down Again"
Links for the day
Growing Thirst for Free Software, the LibreOffice Edition
LibreOffice is in "high demand"
Links 03/09/2026: John Ternus Enters Apple Amid Mass Layoffs, Journalist İrem Delice Arrested
Links for the day
Stallman.org Down Due to Virtual Machines Issue, "Senior Engineers are Investigating the Issue" Since Saturday
RMS site down due to virtual machines issues upstream
Linux Foundation is Plagiarism Hub, Linux is at Risk From It
Torvalds never looked weaker and more compromised
Gemini Links 03/09/2026: Back in Japan, Another New Year, Reasons to Avoid Have a "Smart" "Phone", and Rant About Built-in Batteries
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 02, 2026
IRC logs for Wednesday, September 02, 2026
Identi.ca is Practically Dead, Just Like All Social Control Media (Eventually)
All Social Control Media is a waste of time
Gemini Links 02/09/2026: Intentions, Publishing on Workstations, and Connectivity Standards Alliance (CSA)
Links for the day
GNU/Linux Reaches 6% in Nepal
Today I checked GNU/Linux in Nepal again
SLAPP Censorship - Part 169 Out of 200: Calling People "Nazis"
'Cancel culture' in action
GNU Turns 43 This Month, GNU/Linux Turns 35 Next Year
It seems like no area of computing has not been impacted by the GNU/Linux revolution
Uber Debt Grew 2.5 Billion Dollars in 3 Months, Company Lays Off at Least 10% of Workforce
The media repeats the "official" numbers
Links 02/09/2026: The Machine Stops, AuraSearch, and DOOM 1/2
Links for the day
1-1 Meetings at IBM This Week, PIPs Expected, Maybe RAs Too
As usual, we invite whistleblowers to tell us what's going on
Links 02/09/2026: Germany Blames Russia for Leipzig Airport Drone Attack and China Gains Power as US Faces Humiliation in the Midst of Presidential Cover-up
Links for the day
Quit Talking About "AI Layoffs" and Talk About How Chatbots and Other Bots Broke Recruitment Processes by Cheating
Bots talking to other bots isn't HR; it's a catastrophe
It's Inevitable Anyway, So...
of course blame Chinese Communists for the "anti-AI" messages
Robotics Isn't "Hey Hi", Robotics Isn't New Either
Is the official Arduino blog becoming shilling platform for Qualcomm's "hey hi" [so-called 'intelligent'] chips?
Giving 'Free Publicity' to the People You Hate and Attack
Be careful what you wish for in social control media
Today We'll Focus on Growth of GNU/Linux
We've meanwhile noticed that Clownflare statistics for north American nations show 19% of requests (CDN) originating from GNU/Linux
IBM Secret (or Silent) Layoffs in September 2026
We need whistleblowers
Gemini Links 02/09/2026: GAFAM's E-mail Cartel, ROOPHLOCH 2026, and Homeworlds
Links for the day
Not Only Microsoft and IBM Hide Layoffs (Secret Layoffs) and Fail to Follow the Law (or Bypass It)
Microsoft's tactics are not so unique
People Who Participate in the Slop Plagiarism Pyramid Scheme and the Moral Dilemma (What's Acceptable for a Salary?)
giant pyramid scheme
State of the Slop, Linux Edition
Whether slop about "linux" becomes rarer by the end of this year, well... time will tell
Links 02/09/2026: 'Open' 'AI' (Proprietary Slop Plagiarism) Destroying Evidence, "Data Center Backlash Has Officially Rattled Scam Altman"
Links for the day
Andrew Lee Has Turned Freenode Into a Slopfarm (Because Who Needs IRC Anyway?)
The site is churning out slop all day long
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 01, 2026
IRC logs for Tuesday, September 01, 2026