Bonum Certa Men Certa

Microsoft-Connected Patent Trolls, Xerox, and Andrei Iancu

One irrelevant company bought another (Fuji and Xerox)

Films



Summary: A roundup of news pertaining to Microsoft-connected entities and their patent activity this month; Director Iancu is only loosely connected to one of them (he fought against it)

THE Finjan troll, a Microsoft-sponsored patent troll, has probably received the most press coverage so far this year (among trolls). Its software patents, which had been granted by the USPTO, were mostly thrown away but a single one managed to withstand scrutiny at the Court of Appeals for the Federal Circuit (CAFC).



Finnegan, a very large law firm, still props up this case in order to promote the software patents agenda. They are habitually trying to make one single patent seem like a boon of some kind, neglecting to account for the many patents which actually got invalidated. To quote:

In Finjan, Inc. v. Blue Coat Systems, Inc., No. 2016-2520 (Fed. Cir. Jan. 10, 2018), the Federal Circuit reviewed Finjan’s assertion of two patents related to methods for protecting against malware. The Court (1) affirmed the finding that U.S. Patent No. 6,154,844 (“the ’844 patent”) was patentable under 35 U.S.C. €§ 101, (2) reversed the district court’s denial of JMOL of non-infringement as to U.S. Patent No. 6,965,968 (“the ’968 patent”), (3) vacated the damages award of the ’968 patent, and (4) remanded the ’844 patent’s damage award, finding that the district court failed to appropriate damages to the infringing functionality.


By this month's end, based on a new press release, Finjan will have extorted/blackmailed yet another Microsoft rival. A patent troll's Web site copied the release which says: "Finjan Holdings (FNJN), Inc. (NASDAQ:FNJN), a cybersecurity company, and its subsidiary Finjan, Inc. (“Finjan”), today announced that Finjan’s patent infringement retrial against Blue Coat Systems (BCSI), Inc. (5:15-cv-03295-BLF, “Blue Coat II”), set to start on February 12, 2018, has been vacated. Finjan and Blue Coat’s parent, Symantec Corporation (collectively “Symantec”), have entered into a confidential term sheet. Finjan expects that a definitive agreement will be finalized by no later than February 28, 2018."

AST, which is connected to Microsoft as well, was mentioned earlier today in relation to the acquisition of some more patents. To quote:

Participants in IP3 2017 included 15 operating companies including Google, IBM, Microsoft, Ford, Honda, and Cisco with nearly $2.5 million spent to acquire 70 active assets.

[...]

More than half of the purchased lots related to Communications technologies. There was an average of 3.68 assets per patent family, with 8 lots having a single U.S. patent, and 5 lots having two U.S. filings.


As a reminder, sometimes we find Xerox feeding trolls that are connected to Microsoft and attack Linux. Such was the case with Acacia a decade ago. It's also worth remembering that Microsoft historically helped fund 'IP' lawsuits against Linux (SCO for instance) and this new case is relevant to it because it helps hide sponsors:

The court overruled plaintiff's objection to the special master's order granting in part defendants' motion to compel the production of documents plaintiff provided to a third party as part of a litigation financing agreement that plaintiff withheld under the common interest doctrine.


There was recently a Xerox takeover (by Fuji) and it's worth noting that based on this Japanese site, Xerox now "rolls out patent licensing business to SMEs" (just the typical old fairy tale). To quote:

In Japan, a business model for large companies to license their unused patents to SMEs to help such SMEs develop new products or create new business is getting a lot attention lately. Fuji Xerox has been participating in intellectual property business matching between SMEs and large companies since 2016 which is a local government project. Now it has signed a patent license agreement with a company in Yokohama, and made this announcement. This is the first success case in the IP business matching for Fuji Xerox.


Last but not least, Inventors Digest has just noted that the Director of the patent office used to work against Xerox. This article is correct in stating that Director Iancu was on both sides of PTAB disputes. To quote:

Andrei Iancu’s full-Senate confirmation on Feb. 5 as the new director of the United States Patent and Trademark Office marks a new direction during a turbulent time for inventor rights.

The former managing partner at Irell & Manella, a law firm based in the Los Angeles area, succeeds embattled predecessor Michelle Lee. Lee was a supporter of the Patent Trial and Appeal Board, an administrative law body of the USPTO that decides issues of patentability. She resigned last June.

The PTAB is currently under fire for inter partes review, a trial proceeding that many say has eroded patent rights. It is expected that by June the U.S. Supreme Court will decide the constitutionality of inter partes review via a ruling in the case Oil States Energy Services, LLC v. Greene’s Energy Group, LLC.

It isn’t immediately known where Iancu stands on the PTAB and inter partes review. What we know is that he has experience on both sides of IP disputes.

Iancu defended Hewlett–Packard from claims by Xerox that it infringed on a printing technology patent...


Xerox was, by that stage, barely making anything. Does Iancu understand the nature of such entities, which serve nothing but lawsuits and patents?

Recent Techrights' Posts

Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
The Same People Who Attacked Richard Stallman (RMS) Are Attacking Daniel Pocock to Discourage People From Listening to His Information
Pocock is being demonised for the same reasons and by the same people who attack RMS
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
The Way Things Are Going, They May Soon Stop Saying "Web Address" and Instead Say "Chrome Address"
The Web isn't built or based around open Web standards anymore. It's centered around user-agent.
Microsoft as a Golden Cage
"I was laid off by Microsoft and can't find a job. I'm weeks away from giving up my apartment and moving across the country to live with family."
Weekend Discussion About How IBM's Bluewashing of Red Hat Will Cause "Enshittification" for Users
"I worked at a software company that was acquired by IBM so I knew it was game over for RedHat the day they were acquired"
Brett Wilson LLP Getting Sued by Its Very Own Clients, a Legal Story That Has Made the Mainstream News (Law360)
Law360 or Law.com are about as mainstream as one can get in that "sector" (litigation 'industry')
 
Richard Stallman to Give Public Talk in 3 Hours, Then in the Technical University of Munich (Germany) Next Week
Richard Stallman at TUM on 21.10.2025 18:00, MW2001
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025
Your Typical Anti-Richard Stallman (RMS) Cancellist
"About the RMS cancellation"
Richard Stallman (RMS) Has Announced His Talk in Rome Less Than 20 Hours in Advance (and on a Sunday)
Why did he wait until the night before?
GNU Tools Cauldron Event in Portugal: Videos Now Available via Invidious
Go have a look
Slopwatch: GNU/Linux Sites That Became Slopfarms and Spamfarms
The Web is a mess and "Linux" or "Ubuntu" sites became part of the problem
Richard Stallman's Talk 25 Hours Away, Aula Magna Palazzo del Rettorato (CU001), Sapienza Università di Roma (Piazzale Aldo Moro, 5)
The talk is 25 hours away and we see some QR code for it
Gemini Links 12/10/2025: Watches, the Depression of 2026, Gamboling with Odds
Links for the day
Links 12/10/2025: 'False' DMCA Claims and Slop Facing Perils Again (the Hype Wears Off)
Links for the day
Microsoft Has Just Lost Privacy Case in Austria and Its Latest Moves Make a Complete Ban Seem Imperative
Microsoft is not a software company, it's a spying agency that uses software to collect data
The Register MS: Microsoft is the Security Expert, Not the Prime Culprit, So Buy More Microsoft
This front page feature is devoid of any actual substance, it's just Microsoft copypasta
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Stefano Zacchiroli (Zack) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Lucas Nussbaum & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 12/10/2025: "Palm Computering", Further Exploration of Slide Rules, and Key Takeaways from The Well-Grounded Rubyist
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 11, 2025
IRC logs for Saturday, October 11, 2025
Tomorrow: Founder of the Free Software Foundation and of GNU/Linux, Richard Stallman, Speaks in Roma (Rome), Italy at 4PM
GNU/Linux is more important than ever in this dystopian world
Microsoft and Apple Are Rare Topics in Geminispace
in Geminispace it's rather safe to assume everyone is into BSD, GNU/Linux, and sometimes retro
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025