Bonum Certa Men Certa

The Patent Trolls' Lobby Advocates More and More Patent Lawsuits (Litigation 'Industry' Profits)

Gene Quinn



Summary: Trolls' 'front groups' such as IAM and Watchtroll would have us believe that without patent Armageddon we'll be worse off, but the very opposite is true

Patent radicals want an 'industry' of patents and lawsuits rather than actual products. It's quite revealing what agenda they're pursuing. The other day Watchtroll put a slant on a controversial FOSS licence. It is appalling. The patent trolls' lobby (Watchtroll is a key part of it) shows very poor taste. Actual production/development they now dub "efficient infringement" and they ask: "What kind of lawsuits did Facebook find to be frivolous ones? Well, pretty much any lawsuit including a claim for patent infringement..."



"The patent trolls' lobby (Watchtroll is a key part of it) shows very poor taste. Actual production/development they now dub "efficient infringement"..."As if lawsuits, by definition, are a desirable thing. They're not. They're a last resort and better off avoided in the area of software (except when copyrights are involved and differences cannot be settled amicably). On another day Watchtroll published this piece titled "Patent-Based Financings: Unlocking Licensing Revenues While Mitigating IP Monetization Risks" (a pile of nonsensical euphemisms from Michael Gulliford, Fatih Ozluturk , Salomon Kamalodine and Michael Guzman). They say "[p]atent monetization has become nearly impossible for middle-market technology companies without engaging in some level of legal action."

Well, legal actions too -- especially in the area of software -- turn out to be a waste of time, money, and productivity.

"As if lawsuits, by definition, are a desirable thing. They're not."What else have they got? Snap/quick injunctions? Blackmail by financial sanctions?

TiVo, which uses patents for embargo wars through the International [sic] Trade Commission (ITC), has just managed to get "licensing" deals with a bunch of large firms. As Fierce Cable put it a few days ago:

TiVo said that it has signed patent-licensing agreements with AT&T, Liberty Global and Sony for Sony’s PlayStation Vue service. However, the company’s patent-licensing battle with Comcast remains ongoing, though TiVo executives said they expect the International Trade Commission (ITC) to issue a definitive ruling on the issue by Thursday of next week.

[...]

Nonetheless, TiVo’s Carson said yesterday that the company remains hopeful that the ITC will issue a final ruling that would require Comcast to become a TiVo licensee. “We remain hopeful that the ITC will affirm the key aspects from the initial determination, including the exclusion order barring Comcast from importing infringing products,” he said.


So basically, they use the threats of embargo to extract money. The EPO is pursuing something similar with the UPC. Boards (as in appeal boards) are being marginalised and costly litigation is seen as the only way forward. To quote a new comment regarding the Boards:

In older days, in Germany, equivalents were considered under the heading novelty. At least in EPO practice, equivalents are excluded when it comes to novelty. And that is why we have a coherent set of case law from the Boards.

I dare think of the consequences if this would not be any longer the case. Then the all set of decisions of the BA on novelty, priority, added matter would become obsolete.

Where would we end with the certainty presently found in the case law of the Boards being put aside?


Now that the Boards have been set aside (in Haar) we can expect the likes of TiVo to proceed to litigation with low-quality (and sometimes software) patents. Will embargo attempts come? We are already seeing it in Germany. Trolls' activity is soaring there.

We have already named other firms that are doing what TiVo likes to do. Recently, Qualcomm and Cisco did that. Apple and Arista were their targets of embargo, respectively. Who benefits from such embargoes? Certainly not the public. Apple, for its own part, has done things similarly to Qualcomm. This Web site which exists only to glorify and adore Apple's patents (which are typically nonsense) shows some of Apple's latest stockpiling. Who will Apple target next (as sales of its key products gradually diminish)?

"Who will Apple target next (as sales of its key products gradually diminish)?"We remain worried that the influence of the US patent microcosm is spreading to Europe (our previous post was a reminder of that). Here in Europe software patents are already being granted by the EPO; they just get framed as "hardware". It's not a new trick. "CrossLayer™ technology enables software and hardware ecosystems to be deployed on-site at the building," this press release said a few days ago. They also use buzzwords like "cloud" (in the headline) and they basically brag about a patent application. That's the sole purpose of this press release.

Sooner or later, if granted a patent in Europe, they could become another TiVo, i.e. a serial litigator.

Recent Techrights' Posts

Tentative Summary of Things to Publish in Project 2030
I'll still be in my forties by then
Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
 
Gemini Links 20/09/2025: Snowy Photos and utism is a Spectrum
Links for the day
Microsoft-Sponsored Xenophobia and Nationalism
IBM is very similar in this regard
Vintage is Sometimes Better
Why can't we get back to "simple" if (or where) "simple" means better?
Climate Breakdown Means We'll be Publishing More, Not Less
Press freedom will be a common, recurring theme
Our 5-Year Geminispace Anniversary is Coming Up
I still remember when Gemini Protocol was quite new
It's Right to Point Out Violence From the Right
Violence is a recurring theme
Web Browsers That "Do Hey Hi" (AI)
State-of-the-art plagiarism or "autocomplete on steroids" (not coined by us, nevertheless a nice description) don't have much/any prospect
Links 20/09/2025: Hardware Projects in View, Some Independent Publishers About Russia Prosper After Cheeto Cuts Funding
Links for the day
Gemini Links 20/09/2025: Options and TV Time Machine
Links for the day
Links 20/09/2025: Retrocomputer, Antique Phone Experience, and More
Links for the day
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day
Links 19/09/2025: Press Freedom Dying in US, Anti-Austerity Strikes in France, and Alan Rusbridger to Leave 'Prospect'
Links for the day
European Patent Office Illegally Gutting and Outsourcing Its Functions, Acting Like an Above-the-Law Commercial Business (It Won't Stop at Formalities Officers (FOs) and Classification Slop at the EPO)
breaking/violating laws and conventions
Offloading to the Sister Site
In the interest of not overwhelming readers
Links 19/09/2025: Coffee Club and "SpellBinding is Now Absurdly Fast"
Links for the day
Links 19/09/2025: Lobbyist of American GAFAM Becomes Data Protection Commissioner in Europe
Links for the day
Links 19/09/2025: Media Freedom Ceases to Exist in US, "Consider Dropping Twitter/X"
Links for the day
Gemini Links 19/09/2025: Thinking and Insect Bites
Links for the day
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025
Brett Wilson LLP Seem to Have Had Only One Litigation Client in 2025, He Was Previously Charged, Just Like the Serial Strangler From Microsoft (Whom They Now Represent)
Karma is superstition, regulators are not
Project 2030 to Cover How "Project 2025"-Styled Anti-Media Zealots From America Targeted Techrights and Tux Machines
The common denominator is also their attacks on women
Brett Wilson LLP Failed to Meet Deadlines Set by Judge 7 Months Earlier, Tried to Ruin Our Holiday, Then Had the Audacity to Ask Us for Over 3,000 Pounds for Its Own Lateness
As a matter of principle we will never respond to assassin while we are on holiday
On Claims That After Bluewashing Red Hat Will Increasingly Become an Indian Company
Discussed this week (long and detailed)
Americans Attacking British Sites Only Months After They Leave America
We find it kind of funny if not ironic that this site, originally an American site, got legal harassment only from Americans and only months after it had moved to the UK
Despite Losing Over a Quarter Million Dollars a Year Software in the Public Interest (SPI) Gives Helping Hand to Libreboot
SPI's financial state depends a lot on its public image or its reputation
Slopwatch: Google Helps Plagiarism and Sends Traffic to Ripoff Artists
That Google as a company helps spamfarms is noteworthy
If You Want to Know the Future, Listen to the Free Software Foundation (FSF) and Andy Farnell
We're sure the FSF will have plenty of its own output
Links 18/09/2025: A Taliban Ban on Internet Access and Troubled US Job Market
Links for the day
Gemini Links 18/09/2025: Computer Literacy and Accessing Alhena's Database
Links for the day
Links 18/09/2025: US War on Media (Truth Banned, Cancel Culture by the Hard Right), NYT Chief Executive Warns Cheeto is Deploying ‘Anti-press Playbook'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025