Bonum Certa Men Certa

US Patent Trolls Epidemic and Microsoft/Intellectual Ventures' Latest Contribution to That

'Managing' the competition using software patents...

Bill and Nathan



Summary: Some of the latest developments in the United States, where the number of lawsuits is high, potency of software patents is on the decline (at the courts at least), and Microsoft too explores the potential of patent extortion, just like patent trolls (shown above are Bill and Nathan, two close friends from Microsoft and Intellectual Ventures, respectively, although there are strong connections and clear financial overlap)

"Out of the 47 patent lawsuits filed today, 37 were filed by patent trolls," said United 4 Patent Reform (that makes it 79% of lawsuits). No doubt it's a big issue, but how many of these were using software patents, which the USPTO loves so much in spite of court rulings?



"That's a lot of lawsuits and it doesn't even count any of the secret settlements, which not only patent trolls are reaching with their victims but also companies like Microsoft sign as a form of covert attack on Linux."Is the patent bubble bursting or is this just premature optimism? According to the patent maximalists from IAM, who have a patents review for 2015 (composed by patent lawyers) and some Asian angle (sanitised as usual): "The number of patent litigation cases in the US dropped dramatically in the first three months of this year, reaching levels not seen since 2011 – the year when the America Invents Act was signed into law. A total of 947 new patent lawsuits were filed between January and March, according to data from Unified Patents, down from 1,554 in the fourth quarter of 2015. That is the lowest number since the third quarter of 2011 when 924 new cases were filed."

That's a lot of lawsuits and it doesn't even count any of the secret settlements, which not only patent trolls are reaching with their victims but also companies like Microsoft sign as a form of covert attack on Linux. Incidentally, new potential patent attacks from Microsoft against Linux have been brought to our attention a couple of hours ago. Having destroyed Yahoo, Microsoft now wants its patents (just like Novell with CPTN). Not too long ago an article from BI, citing News Corp. (more of a tabloid in this case), claimed: "The report said that companies like Microsoft, Amazon, Salesforce, and LinkedIn have been closely following Yahoo's sales process because they realize the intrinsic value of the company's massive patent portfolio, which includes 6,000 intellectual properties in the field of mobile, data, and advertising technology."

We already saw how Microsoft weaponised MOSAID (since then renamed to Conversant, an IAM sponsor) using Nokia's patents, after Microsoft had hijacked Nokia. This too was an attack on Linux, e.g. in Android and ChromeOS form (distribution).

"Having destroyed Yahoo, Microsoft now wants its patents (just like Novell with CPTN)."As we noted a bunch of days ago, the Supreme People’s Court of China is increasingly concerned about what goes on in the patent litigation space (China is about as lenient as the US when it comes to patent examination) and MIP has just written a new report about it. Writing about PTAB, the Patent Trial and Appeal Board which is invalidating a lot of software patents these days, MIP says that it is "likely help to reduce the rate of institution of trials" and that the "USPTO dropping a proposed pilot programme" (the USPTO is an obstacle to any form of change that jeopardises near-zero quality control).

It sure looks as though right now the US remains too ripe a platform for patent trolls and extortion because of software patents, ease of litigation (including preferential venue/court selection), and various other factors that we covered here before. According to this new report a "Jacksonville tax software company thwarts patent infringement lawsuit," but that comes at a high cost. To quote: "A Jacksonville tax preparation software company has emerged victorious in a lawsuit that claimed it violated another company’s patents for computerized tax preparation.

"The lawsuit was filed in February 2015 by Aatrix Software Inc. based in Grand Forks, N.D., against Greenshades Software Inc. claiming the Jacksonville firm infringed on two patents. Those patents essentially covered filings to the Internal Revenue Service for payroll taxes."

"We already saw how Microsoft weaponised MOSAID (since then renamed to Conversant, an IAM sponsor) using Nokia’s patents, after Microsoft had hijacked Nokia."So it had to pay patent lawyers for a whole year because of two software patents which were invalid (bogus) all along, owing to USPTO incompetence (if not institutional corruption). How many firms can even afford to do this? Many would just settle to dodge the legal fees, which certainly serve nobody except lawyers (at both sides, plaintiff and defendant alike).

In other news about patents, the Intellectual Ventures-connected Rovi is suing Comcast and patent maximalists indicate that it's filed, as usual "in the Eastern District of Texas, Marshall Division. In the complaint filed, which is quite detailed and very long (174 pages), Rovi is asking for a preliminary injunction, a finding that Comcast’s infringement is willful and deliberate, a finding that the case is exception and attorneys fees are appropriate, as well as damages for the infringement."

"Europe already has patent trolls (Joff Wild denies that they exist). IAM probably wants more of them because they pay IAM."Take this with a barrel of salt because it comes from the propaganda site of Quinn (pro-software patents spin), who now accuses courts of doing an improper job because they follow SCOTUS (Quinn, like Kappos, thinks he knows better than the Justices, and they both get paid for this shameless spin).

Going back to IAM, it turns out that Ericsson's shell game with patent trolls is getting harder to follow as the shell is renamed for the third time (Ericsson's patents becoming Openwave, then Unwired Planet, now something else). To quote IAM (which as usual neglects to say what Unwired Planet really is): "Speaking to IAM after the most recent UK decision, Teksler gave no hint that the firm’s position would soon change so dramatically. In quotes not included in the blog piece published on 29th March, he stated that he was looking forward to a further UK trial slated for October that would focus on how Unwired Planet reached its FRAND licensing rates. “We are hopeful that the court will confirm our approach and provide a much needed FRAND licensing framework for the industry,” he told IAM editor Joff Wild. Whether that trial now goes ahead remains to be seen." Europe already has patent trolls (Joff Wild denies that they exist). IAM probably wants more of them because they pay IAM.

Recent Techrights' Posts

Microsoft's Attack Dogs Have Failed. Now What?
It would be utterly foolish to assume that Microsoft has any intention of changing
All Your "Github Projects" Will be Gone One Day (Just Like Skype)
If you have code you wish to share and keep, then start learning how to do so on your own
Fedora Already Lost Its Soul Under IBM
Fedora used to be very strict compared to many other distros and it had attracted very bright volunteers
Links 17/04/2025: Calling Whistleblowers at Microsoft, Slop Doing More Harm Everywhere
Links for the day
 
"Sayonara" (さよなら), Microsoft
Windows had fallen below iOS in some countries
Links 18/04/2025: Layoffs at Microsoft Infosys and Qt Becoming Increasingly Proprietary (Plus Slop)
Links for the day
Google News is Dying
treating MElon's algorithmic/biased site as a source of verified news
To Understand Who's Truly Controlling You Follow the Trail of Censorship (or Self-Censorship)
Do not let media steal and steer the narrative; CoCs are not about "social justice", they're about corporate domination
Microsoft is Still Attacking GNU/Linux and the Net
Microsoft bribed the government using money that did not even exist
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 17, 2025
IRC logs for Thursday, April 17, 2025
Gemini Links 18/04/2025: Pinephone Pro and Linux is too Easy
Links for the day
Links 17/04/2025: Russian Bot Farms Infect TikTok (Which US Government and SCOTUS Decided to Block January 19), US Hardware Stocks Crash Due to Tariffs
Links for the day
Gemini Links 17/04/2025: Sticking to Free Software, Smolnet, and Counting the Reals
Links for the day
Open Source Initiative (OSI) Privacy Fiasco in Detail: In Conclusion and Enforcement Action Proceeds Against OSI at the California Privacy Protection Agency (CPPA)
There's too much to cover in one single part
When You Fail to Filter Your Clients You End Up SLAPPing Reporters on Behalf of Bad People From Microsoft in Another Continent
“American Psycho”
Links 17/04/2025: LayoffBot and Tesla Cheats Buyers
Links for the day
Gemnini Links 17/04/2025: Role of Language and Back to Mutt for E-mail
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 16, 2025
IRC logs for Wednesday, April 16, 2025
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day