Bonum Certa Men Certa

When All That's Left is a Bunch of Patents: Stories of IBM, Finjan, Ericsson, and Citrix

Ericsson troll



Summary: Companies on the decline, where the number of products already verges (or is) zero, decide to just sue the entire industry, thereby reinforcing the cautionary tale about patents as 'insurance policy' taking its toll on real (operating) companies

THE USPTO has long granted all sorts of bizarre software patents. Those were granted on ideas that had already been implemented elsewhere (without the coder/developer/programmer pursuing a patent). There was extensive prior art, but code at the time was rarely shared on the Web (definitely not in the nineties and back in the eighties there was no World Wide Web just yet).



"There was extensive prior art, but code at the time was rarely shared on the Web (definitely not in the nineties and back in the eighties there was no World Wide Web just yet)."One such company which pursued many software patents was IBM. It applied for (and received) a humongous number of software patents. That was back in the nineties and the decade that followed. It spent many years in the top spot for prolific patenters (classified by firm). Many of these patents are still valid as in not expired; but they're not necessarily valid based on triviality and prior art assessments (if done properly). IBM is now trying to 'monetise' these patents and as we noted some days ago, IBM now goes after Web firms (there's a pattern here). A few days ago GeekWire wrote that "IBM is suing Expedia, alleging that the popular travel site has for years been infringing on several of its patents, some of which date back to the early days of the internet." Because those patents are about to expire and IBM is about to die (the company's core business is slipping away and layoffs are routine).

Will IBM change its ways? We doubt it. For a number of years we've complained about IBM's ferocious lobbying for software patents in the US, putting aside its many threats and lawsuits against Web firms (such as Twitter). IBM is now a taxman and it is eager to maintain this revenue steam; it has become similar to Microsoft over the past 15 years (Microsoft hadn't been aggressive with patents until its monopoly was slipping away just before Windows Vista and the ongoing rise of Google/Apple).

"For a number of years we've complained about IBM's ferocious lobbying for software patents in the US, putting aside its many threats and lawsuits against Web firms (such as Twitter)."A few days ago we wrote about the patent troll Finjan because it blackmailed FireEye. It is supported by Microsoft and it received some patents from IBM to bolster its trolling efforts.

"FireEye and Finjan settle," said this headline just before the weekend. Understatement of the year? So far in 2018? To call trolling and blackmail a "settlement" is to grossly misrepresent what happened. Finjan does nothing but this. It's a predator. From the article:

Cybersecurity firm FireEye has agreed to pay $12.5 million to patent licensing company Finjan as part of an agreement settling their patent dispute.

The settlement includes a patent licence agreement, granting cross-licences between the two companies for the disputed patents.


Or, in simpler terms, "protection money". Finjan will now use that as 'ammunition' with which to threaten more companies (the few it has not already sued and/or extracted "protection money" from). It's appalling. IBM and Microsoft actively helped this troll.

"Finjan will now use that as 'ammunition' with which to threaten more companies (the few it has not already sued and/or extracted "protection money" from)."Elsewhere in the news we find mentions of Ericsson's trolling practices in Europe. This case was concluded around Christmas (we wrote about it) and IAM rushes to defend the trolling with tweets like this: "Ericsson IP chief highlights "methodological and mathematical errors" in landmark TCL decision as Swedish mobile giant plots appeal..."

Notice how they only tell or emphasise one side of this story. So did the writer of the story, who tweeted this: "Goes without saying that this decision is not good for licensors but taken with UP v Huawei and other big SEP decisions we now have some much clearer guidelines such as use of top down methodology and variable regional rates. That can only be good thing for #patent licensing..." (trolling)

IAM's coverage, as expected, means amplifying -- right from the headline -- only the side/assertion/creed of patent trolls:

Key ruling in high-profile US FRAND case “highly biased in favour of infringers”, says Ericsson's chief IP officer



[...]

Speaking to the IAM blog Ericsson chief IP officer Gustav Brismark has made his first public comments on the judgment handed down by a California court just before Christmas in the Swedish telco’s high-profile FRAND licensing dispute with Chinese mobile manufacturer TCL. The decision, which was filed on 21st December, is the latest case involving standard essential patents (SEPs) to hit the courts and is largely seen to have gone against Ericsson.


This is the kind of coverage we have come to expect from IAM because the site (like the magazine and events) is little more than a megaphone of trolls and patent aggressors. It's like 'Watchtroll Lite'.

"This is the kind of coverage we have come to expect from IAM because the site (like the magazine and events) is little more than a megaphone of trolls and patent aggressors."Watchtroll has just written about a case which we mentioned here before -- a case wherein a firm is pushing aside smaller rivals. This is the kind of thing IBM has been doing for decades, relying on its vastly bigger patent portfolio and vastly deeper pockets. And speaking of which, watch this new report about Citrix using its patents against a smaller rival as a form of retaliation for “improper conduct”, “deceptive statements” and so on. Patents are just being used for leverage here; it's not about patents but about the defendant hiring "a number of its former employees and executives in the last few years." To quote:

Citrix added that the aim of the suit was to prevent Avi Networks’ “improper conduct” and to recover damages over its wrongful use of its patented technology in its Vantage Platform. Citrix also wants to stop Avi Networks from making “further deceptive statements” and selling its infringing product without the correct licenses.

Citrix appears to have a beef with Avi Networks over its recruitment practices as well, as the smaller firm has hired a number of its former employees and executives in the last few years. This includes Avi Network’s current Chief Executive Officer Amit Pandey, who served as vice president and general manager of Mobile Solutions at Citrix from January 2013 to March 2014.

“Several other Citrix employees have left to join that company, bringing with them their knowledge of Citrix’s products and intellectual property,” Citrix complained in its filing.


What it means to say is that these employees simply know something and by virtue of knowing these things they become a liability. Citrix has been having business deflation issues and it now digs deep for patents with which to 'punish' rivals. How typical of software patents and those who possess them...

Recent Techrights' Posts

Rhino Linux Can (and Perhaps Should) Promote Alternatives to Microsoft Instead of Preloading Microsoft
Deeper down inside Rhino Linux there's a problem
Slashdot is Once Again Publishing Lies and Revisionism for Bill Gates, Citing Microsoft's MSN to Rewrite History and Distract From the Jeffrey Epstein Crimes
Of course this also distracts
Too Big, Will Fail (How Linux Grew Way Too Fat)
Linux has very extensive hardware support, but that comes at a cost
Richard Stallman Gives Keynote Address in a Few Hours
Richard Stallman's personal site was updated to give more details
IBM Layoffs in 2025: Rumours Say Even Managers Will Get the Axe, Some Via Loopholes Like PIP and/or RTO (Preparations Already Underway)
Where does IBM's money go?
FOSDEM Talks Are Vanishing
They no longer seem to be taking money from Microsoft and/or its tentacles
 
Links 27/01/2025: Lukashenko's Sham Elections, TikTok for Insurrection Loyalist (Larry Ellison)?
Links for the day
Gemini Links 27/01/2025: IndieWeb Musings and Devlog
Links for the day
IBM Layoffs in "Co-location Mandate" Clothing
It's possible that later this week, around the time of the so-called 'results', many layoffs would be announced
Microsoft-Funded IDG Seems to be 'Googlebombing' the Term Free Software to Promote Proprietary Spyware Too
Microsoft advocated along with other proprietary things
Videos and Photos of Richard Stallman's (RMS) Keynote Address in India Earlier Today
He probably told the target audience (India) a thing or two about the role of proprietary software in colonialism
GAFAM Hates - Except in a Worryingly Parasitic Way - GNU/Linux and Its Freedoms (or Its Users)
Let the story from DistroWatch serve as a reminder that the era of Social Control Media is over
Links 27/01/2025: Social Control Media Explores Propaganda for Racism as a Business Model, China’s Tibet Dam Criticised
Links for the day
Microsoft Relegated by Manchester United
No Microsoft
Gemini Links 27/01/2025: Mental Locomotion, Gemini Protocol Bots From China, and Domain-Specific Languages
Links for the day
Microsoft Still Hires Journalists to Reward Them (Belated Payment) for Microsoft Propaganda
The PR/lying pipeline
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 26, 2025
IRC logs for Sunday, January 26, 2025
Links 26/01/2025: Privacy Breaches and Growing Nationalism
Links for the day
The UK's Press Gazette Has No Credibility Anymore, It Celebrates Plagiarism and Cheap Misinformation (This Ruins Linux Sites Too)
They encourage a form of plagiarism and that even ruins "Linux" sites
Journalistic Malpractice Helps Bill Gates Cover Up His Marriage Collapsing Because of His Very Deep Ties to Jeffrey Epstein (and It's Melinda Who Dumped Him, Divorce Proceedings Started by Her in 2019)
you can alter narratives and perceptions worldwide
The Linux Foundation's Certificate Authority (CA) Let's Encrypt Hits New Lows in Geminispace
13 known capsules still use it
How "Open Source" Became Microsoft (But It's Actually Proprietary, OSI is an Openwashing Front Group Now)
They're still trying to rewrite history, but it's harder when Richard Stallman (RMS) is alive
Links 26/01/2025: Chatbot Woes and UnitedHealth Data Breach (Windows TCO)
Links for the day
Gemini Links 26/01/2025: The Postman and More
Links for the day
Links 26/01/2025: Fentanylware (TikTok) Turns to Hype/Pyramid Scheme, Insurers Failed to Comply With Federal Law
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 25, 2025
IRC logs for Saturday, January 25, 2025
Gemini Links 25/01/2025: Plaintext Weblog Posts and Software Development
Links for the day
More Details Emerge About Upcoming Long-Rumoured Layoffs at IBM
Without leadership there's no coordination
Links 25/01/2025: Microsoft Chaffbot Offline and Advocacy/Dissent in China Muzzled
Links for the day
Frequent Flyers of the 'Lolita Express' (Where Screwing Underage Girls is Big Business)
In the words of Bill's wife and mother of his 3 children
Microsoft-Sponsored Inauguration as a Reminder to Boycott Microsoft
If you do not support what's happening politically right now in the US, then stop giving money (or anything else) to Microsoft
Fund-Raising for Initiative Introducing Teens to Free Software Instead of Junk Like Bytedance's TikTok
A crowdfunding campaign coming soon
Bringing Down or Taking Down an Innocent Man is Difficult
One positive thing about all this is that we've come to witness (and meticulously document) how social control media works for the mob
Plagiarism at LinuxSecurity.com, Piggybacking Other People's Hard Work and Googlebombing "Linux"
They are googlebombing Google, and worse yet, they leverage bots to do this
Gemini Links 25/01/2025: Pictographs, Non-voters, and Frustrations
Links for the day
Links 25/01/2025: Microsoft Already Shutting Down Its UK "Experience Centre", "AI Deal" Linked to Atrocities
Links for the day
Red Hat is Required to Promote Microsoft's Proprietary Stuff and Even Produce Puff Pieces (Mindless Fluff) About It
Notice the aspect of bribed "media" or "news" or "press coverage" (pay-to-say)
The Limits of Freedom
This is generally not a new problem
The Fall of Corporate Media Controlled by Oligarchs Who Boost (or Are Compelled to Boost) Reckless Lies About the Poor While Normalising Rich People's Crimes
No wonder they have layoffs
IBM Layoffs (or Replacement With Low-Cost Labourers) Far Greater Than Reported by IBM
they serve to confirm what we've long said not only in relation to IBM but also Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 24, 2025
IRC logs for Friday, January 24, 2025