Bonum Certa Men Certa

The Future of Patent Trolls in the US Will Also Determine Europe's

Sisvel



Summary: A quick update about patent trolls and what the latest developments may mean to their operations in the United States and Europe

THE UPC threatened to bring yet more patent trolls to Europe (patent professionals admit this), but thankfully the UPC is not happening, albeit few patent trolls thrive in Europe even without it (here is an example from London in 2015).



Patent aggressors and trolls have come a long way in the US. Last year we wrote about yet more of those infamous patent raids in US-based expos. These "bans" would serve only to discourage participation, wouldn't they? These turned out to have been frivolous and actual items got confiscated with little or no (minimal) legal basis. Is the same kind of thing coming to Europe as well? Sisvel already operates in Europe and this Sunday column from IAM's editor says we "can also expect all kinds of entity – operating and non-operating - to be keeping a close look-out for potential IP infringements. With this in mind, the Barcelona courts have developed a fast-track protocol that, in some circumstances, enables rights owners to obtain preliminary injunctions preventing the exhibit of allegedly infringing items."

Are they seriously trying to rush something that would typically take days if not weeks/months to properly assess? Is this a notorious case of "shoot first, ask questions later"?

As in the case of Sisvel, these practices are extremely controversial. Sisvel is not a company, it's a kind of Mafia. They work not for companies but for aggressors; they're trolls, they're shells. They're just a front for other people or large corporations. There is this new article in the news which speaks of patent trolls as follows:

Many companies still benefit from patents—including the whole industry of “non-practicing entities” (NPEs, sometimes called “patent trolls”). NPEs are companies that attempt to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art. Normally, NPEs do not actually manufacture products or supply services based upon the patents they attempt to enforce. This has caused such a problem that even the U.S. government has complained: “An analysis of recent research...suggests that a substantial amount of patent litigation in the United States, often with little substantive merit, often arises from certain types of NPEs.”

So even those working for traditional intellectual-property-loving corporations are told not to look at the patent literature when innovating, as it could weaken their legal arguments in anticipated lawsuits. This essentially handcuffs innovators to searching for 20-year-old (or older) patents if they even look at the patent database at all. To search for patents that have expired, you can simply set a T-20 year period at the USPTO search or Google Patents.


Will Michelle Lee carry on with reforms that tackle patent trolling? Will the US Supreme Court finally put an end to the trolls' capital, where capital punishment still exists? If Donald Trump capitulates and surrenders to the patent maximalists (for example if he appoints people like Rader to top positions), then it's going to be yet another negative sign for US-based software companies. According to today's non-update from Patently-O, it is still not known for sure whether Lee can carry on with the good progress she has made. To quote: "Apart from the two positions that require Senate confirmation (Secretary and Deputy), the only top commerce department position not filled by either an acting chief or appointee is Undersecretary of Intellectual Property and USPTO Director."

If Lee squashes all software patents and trolls, they are unlikely to ever spread to Europe, maybe only to China (their new breeding ground).

Recent Techrights' Posts

Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market