Bonum Certa Men Certa

Patent Trolls Are Still a Problem, But Microsoft Remains One of the Biggest Patent Trolls (Non-Practicing in Mobile)

Related: Patent Trolls of Microsoft and Ericsson Are Trying to Tax Everything, Especially Linux Devices

Summary: How Microsoft, together with non-practicing entities such as Intellectual Ventures and the nearly-defunct Nokia, continues to tax Android/Linux using patents -- even in areas where Microsoft does not operate anymore

Patent trolls are still using as their principal source of ammunition patents granted by the USPTO. Most of these patents are software patents. Their arsenals vary in terms of size, but since nobody can sue a troll (nothing to sue over), one patent may be enough for the trolls to operate without risk of retribution (notably countersuit). Use of patents in bulk, moreover, overwhelms the defendant with "targets", raising the cost of a legal fight and rendering out-of-court settlement more attractive an option (see Microsoft v Samsung in 2015). That's just what Microsoft does to discourage legal challenge. Sometimes Microsoft simply attacks indirectly, via some well-funded, e.g. by Microsoft and Bill Gates, patent troll (it has plenty of such tentacles, including an in-house one).



"It's a global problem because many businesses operate in the US, even if they're not based in the US. This makes them susceptible to lawsuits."The problem of US patent trolls isn't compartmentalised. It's a global problem because many businesses operate in the US, even if they're not based in the US. This makes them susceptible to lawsuits. That includes companies in the far east -- just about as far as it gets from the US.

There are many articles about trolls, but not about software patents. We'll soon cover some of these articles and add our remarks on them. A new article, this one behind a paywall in Australia, says that "Patent trolls trawl for business" and starts as follows:

What better way to start the new financial year than with a cautionary tale about vexatious litigation.

There’s only one thing I fear more than getting the facts wrong and that’s getting embroiled in legal action, which I’m sure is the same for most professionals.


I have heard of quite a few companies that suffered from patent trolls. There are many thousands of such companies out there; some don't speak about it for fear of retribution from trolls. They just pay the 'protection' money and try to move on. They also don't want to signal that they'll willing to shell out cash for trolls, as that too can make them an attractive target.

"Microsoft is trying to impose bundling (e.g. of Microsoft 'apps' inside Android) using patent threats, with forced sales of patents to soften the appearance or the nature of additional payments."When the term "patent troll" is used many typically think of small entities, but not giant trolls such as the Microsoft-connected Intellectual Ventures or even the Microsoft-connected Nokia, which Microsoft now uses to relay patents to relatively big patent trolls. Microsoft is trying to impose bundling (e.g. of Microsoft 'apps' inside Android) using patent threats, with forced sales of patents to soften the appearance or the nature of additional payments. We wrote about it some days ago in relation to Nokia and a couple of days ago we stumbled upon the obligatory revisionism from IAM (the voice of patent trolls) -- the same sort of revisionism it repeated endlessly after Microsoft had done it to Xiaomi. Regarding patent shakedowns by Nokia and Microsoft, this is what IAM wrote:

In last year’s Microsoft agreement, the 1,500 patents transferred quickly became the deal’s headline figure, an indication that Xiaomi wouldn’t shy away from major acquisitions as it sought to catch up to more established smartphone companies. It was seen as a measure that might allow the Chinese company to move ahead in its timeline for introducing mobile devices to the litigation-heavy markets of North America and Europe.


All that really happened was, Xiaomi paid Microsoft and in addition to that it was compelled to preload Microsoft 'apps'. It was, as we explained at the time, yet another patent 'settlement'. It was extortion. Microsoft was trolling. But it keeps embellishing the story (PR) over time....

We need to start recognising that patent trolls don't need to have size as a criterion; rather, it's the nature of their behaviour. In that sense, Microsoft is one heck of a patent troll these days. Its mobile business is virtually non-existent, so Microsoft just goes preying on companies that distribute Android. It wishes to make billions of dollars by just threatening companies with litigation.

"...Microsoft is one heck of a patent troll these days. Its mobile business is virtually non-existent, so Microsoft just goes preying on companies that distribute Android."Not too long ago an article was published about the "growing disparity between NPE [trolls] and practicing entity patent damages" -- an article based on a so-called 'study' from PwC, a paid liar for Battistelli*.

Can we trust anything PwC says about patent trolls (referred to by euphemisms)? "PwC’s 2017 Patent Litigation Study highlights a number of interesting US trends," Managing IP wrote, "including the increasing gap between NPE and practicing entity damages and the top 10 awards ever..."

Well, by criteria such as "practicing", Microsoft now qualities as a patent troll because it's not practicing in the area of mobile. What will it take for more people to recognise that Microsoft too has been reduced to "patent troll" status (and a profitable one at that)? _______ * There is a lot to be said about the above, including the fact that EPO apologists keep referring as an authority to an EPO-funded 'study' which we repeatedly wrote about in the following past articles:

Recent Techrights' Posts

More Gains for GNU/Linux, Based on Web Surveys
the Steam site shows rapid growth for "Linux" this month
Slopwatch: Anti-Linux Articles, Not Even Written by Humans
Why aren't Web sites more vocal about this problem?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 02, 2025
IRC logs for Wednesday, April 02, 2025
Links 03/04/2025: Apple Fined Over Secret Surveillance, "Elegant Writer For A More Civilized Age"
Links for the day
Gemini Links 02/04/2025: Books and Cold Tea
Links for the day
Links 02/04/2025: More Layoffs, Nokia Again Takes Advantage of Illegal and Unconstitutional Patent Court With Nokia Staff as 'Judges'
Links for the day
Links 02/04/2025: Seizures and Returns to Windows of 24 Years Ago
Links for the day
LLM Slop Helps Obscure and Distort News About Layoffs (IBM, GAFAM)
It's hard to find accurate information
Links 02/04/2025: Microsoft Developers Are Threatening to Go on Strike, World Backup Day Noted
Links for the day
Gemini Protocol Has Growing Appeal (the Web Got Too Bloated and Full of LLM Slop)
For any "data plan" with bandwidth limits or "tiers" it would be cheaper to use/browse Geminispace
The Web Can Survive LLM Slop, But Only If We Collectively Shun and Discourage Serial Sloppers
Doing nothing ought not be a possibility
Amid Secret Shut-downs and Mass Layoffs at Microsoft (4 Waves of Layoffs in 3 Months of 2025) Some Microsoft Staff Expected to Go On Strike
workers going on strike
Gemini Links 02/04/2025: No more on Mastodon and Gemini Mention Script in Go
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 01, 2025
IRC logs for Tuesday, April 01, 2025
My Motion Disbarring or “Striking Off” Brett Wilson LLP for Enabling Violent Americans Who Try to Crush Microsoft Critics in the United Kingdom by Multiple SLAPPs
"Guns for hire" (for Microsoft people who received Microsoft salaries)
The U.S. Patent and Trademark Office Hijacked Again by Patent Litigation Industry, as President Cheeto Prioritises Aggressors
The "mafia" has taken over the "industry" and the Federal system (justice and constitutions trampled upon)
Ubuntu Slop and FUD Manufactured With LLMs and Funded (by Oneself) 'Studies'
Slop and FUD are ruining the Web
Gemini Links 01/04/2025: Games and More
Links for the day
Links 01/04/2025: Apple Fined $162M for Privacy Abuses, Disinformation Online a Growing Concern
Links for the day
Why We're Reporting Brett Wilson LLP for Apparently Misusing Their Licence to Protect American Microsofters Who Attack Women
For those who have not been keeping abreast
Newer Press Reports Confirm That Microsoft Shuts Down 'Hey Hi' (AI) Labs Despite All the Hype
The "hey hi" (AI) bubble is not sustainable
Links 01/04/2025: Mass Layoffs at Eidos and "Microsoft Pulls Back on Data Centers" (Demand Lacking); "Racist and Sexist" Slop From Microsoft
Links for the day
Stefano Maffulli and His Microsoft-Funded OSI Staff Are Killing the OSI and Killing "Open Source" (All for Money!)
This is far from over
Gemini Links 01/04/2025: XKCDpunk and worldclock.py
Links for the day
50 Years of Sabotage and a Gut Punch to Computer Science (and Science in General)
Will we get back to science-based computing rather than cult-like following?
Techrights Headlines as Semaphore
"If you are hearing this, thank you"
3 Months in 2025, 4 Waves of Mass Layoffs at Microsoft, Now Offices Shut Down Permanently
"A recent visit by the South China Morning Post confirmed that the office was dark, unoccupied, and had its logo removed."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 31, 2025
IRC logs for Monday, March 31, 2025