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

Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
 
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day
Links 16/07/2026: Slop Recognised as a Waste of Energy, Hong Kong Cracking Down on Dissent/Opposition Some More
Links for the day
GNU/Linux Approaching 5% "Market Share" in Oceania, Almost Trebling in 12 Months
It is difficult to ignore the gains made by GNU/Linux this month
Microsoft Whistleblowers Explain How Brutal the Latest Cull is (Layoffs in Seconds-Long Calls, Mass Elimination of Whole Studios and High-Level Officials)
we see anonymous leakers or whistleblowers in the media today
Gemini Links 16/07/2026: esp32-gemserv, Slop-Contaminated Free Software, and Moving Systems
Links for the day
Last Summer Microsoft Mass Layoffs Came in Two Large Waves, Rumours Say Next Week Another Large Wave is Coming
If many more Microsoft layoffs are formally admitted next week we will not be surprised
Tomorrow is Another Strike Day at Europe's Second-Largest Institution, the Media is Still Deliberately Ignoring It
Fridays are now recommended “anchor days" for EPO strikes
Public Interest News Foundation Shows News Drought or News Deserts in the United Kingdom
Public Interest News Foundation shows that we should be deeply concerned
Illusions of Choice
Choices can be differently bad or equally bad
Windows Down to 10% in India
Windows is a "burning platform"
One Year Has Passed
Our aim is to repair an injured system wherein "abuse of process" can be turned into a weapon, leveraged even by foreigners who are funded by affluent third parties
Techrights is Annoying People Who Work for (and Serve) People Who Annoy (and Abuse) Society
Working against us (instead of with us) has historically been a bad strategy
No Skinnerboxes, No Slop, No False Idols or Corporate Prophets
Torvalds does not understand the everyday struggles of tech workers and tech users because he is a millionaire
IBM's Next Stop: $199 (Market Cap Already Under 2.5 Times IBM's Debt)
Don't rush to call us "sensationalist" over it
Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
Links for the day
Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
Links for the day
Rebellion Brewing at Microsoft
As always, we welcome Microsoft whistleblowers
Technology Against Human Nature
Losing a sense of what it means to be alive
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 15, 2026
IRC logs for Wednesday, July 15, 2026