Bonum Certa Men Certa

Canada Has a Patent Trolls Problem and the Federal Government Intends to Start Tackling That

Problem if not epidemic

Federal government to announce ‘patent troll’ crackdown as part of national IP strategy



Summary: Productivity in Canada suffers from a growing abundance/prevalence of patent trolls and to improve productivity the Canadian government seems eager to crack down on this nuisance

THE country north of the United States is very large, but its population is not so large and there aren't many technology firms there (compared to some other countries). Those which are based in Canada, usually in the big cities, are pursuing patents at the USPTO, not CIPO (Canadian Intellectual Property Office), and as many Canadian companies operate in the neighbouring country, the United States, the ramifications of lawsuits are very real. We're not unfamiliar with it. We've covered plenty of examples over the years.



"It can start with WiLAN (mentioned here earlier this year and even about 8 years ago), not to mention BlackBerry."Canada's government is beginning to recognise the issue. It can start with WiLAN (mentioned here earlier this year and even about 8 years ago), not to mention BlackBerry.

Canada, according to the mainstream media, will "announce [a] ‘patent troll’ crackdown as part of national IP [sic] strategy" (that's their headline).

For subscribers only at the time of publication, it's now open access and it says:

The federal government plans to clamp down on “patent trolls” and help train Canadian innovators to compete more effectively against global tech giants as part of its intellectual-property (IP) strategy to be unveiled Thursday.

The strategy, details of which have been obtained by The Globe and Mail, will be announced at an event in Ottawa to commemorate World Intellectual Property Day.

It is already being hailed as a success by former Research In Motion chairman and co-chief executive Jim Balsillie, Canada’s most vocal and persistent advocate for government to step up efforts to equip Canadians with the tools necessary to operate in a global economy increasingly shaped by patented technological advances.

“This is a first step towards an innovation strategy,” said Mr. Balsillie, whose former company settled a lawsuit filed against it by patent holding company NTP Inc. in 2006 by paying NTP US$612.5-million.


The Globe and Mail's report seems rather unique as we did not find similar reports at the time. Like Australia, which has some commonalities with Canada (except the weather), Canada seems to be adopting a saner patent strategy. Productivity should be paramount and trolls clearly and patently reduce productivity.

"Like Australia, which has some commonalities with Canada (except the weather), Canada seems to be adopting a saner patent strategy."Over the past week we've found many news stories about patent activity in Canada -- a lot more than usual in fact.

"Canadian toy maker files patent suit against Mattel in US district court," one report in the Canadian media said. The gist of it:

Canadian toy maker Spin Master Corp. is suing industry giant Mattel, Inc. in California in the next stage of a high-stakes battle to defend its rights to a patented mechanism used in its Bakugan transforming robots.


Canadian news such as this may have become rather common.

Bogus software patents (of Canadian companies) have again shown up in the media. This firm seems to act more like patent trolls, having chosen a big target:

A small Canadian software company on Thursday lost a bid to revive a U.S. patent infringement lawsuit seeking $65 million in damages from remote computing giant Citrix Systems Inc.

The U.S. Court of Appeals for the Federal Circuit affirmed a decision denying a motion for a new trial 01 Communique Laboratory Inc made after a jury found Citrix did not infringe one of its patents, rejecting 01 Communique’s claim that it was prejudiced by the trial judge’s evidentiary rulings.


So CAFC generally and categorically rejected these patents. Software is not patentable. These patents are worthless.

Regarding Toronto-Dominion Bank, see what Canadian media said only yesterday. It is specifically about software patents:

The large number of software patents that TD Bank has made over the past few years leads me to believe that TD Bank is treating the tectonic shift the industry is about to face as an opportunity to get the leg-up on its peers through patented technological applications that will give the company a durable competitive edge over peers that will be inclined to follow suit.

Given the immense disruption that technology is going to have on the financial services industry, TD Bank realizes that to protect its business from disruption, it’s going to need to double-down on tech, whether it’s through filing patents to protect innovative new tech applications or through the acquisition of smaller FinTech firms for their talent pools.


Canadian companies, as we have shown in past years, are already suing in Texas. Very far from the Canadian border; probably as far as one can get from it! Now watch this news about Jim Banowsky from Microsoft becoming General Counsel of AmpThink, which has offices in Dallas (Texas) and Toronto. He has "12 years at Microsoft where he was a Senior Patent Attorney," says the press release. "Jim’s patent work includes extensive experience with software patents..."

"Whatever or whichever side one might take, it's pretty clear that Canada has become fertile ground for hostile sorts of actors, including some of the world's very large patent trolls."Yes, those patents that are worthless and Microsoft uses to extort Linux companies. Microsoft is a criminal enterprise when it comes to patents because it blackmails a lot of companies -- a subject we'll cover in our next post. But remember that Microsoft was sued by the Canadian firm called i4i. So sometimes it's also on the receiving end of so-called 'trolls'.

Whatever or whichever side one might take, it's pretty clear that Canada has become fertile ground for hostile sorts of actors, including some of the world's very large patent trolls. They are not beneficial to Canada and they tarnish their national image.

Recent Techrights' Posts

Only Hours Into the New Year People Already Discuss the Next Round of Layoffs at Red Hat/IBM
2026 will be another tough year for Red Hat and IBM
Recruiters Don't Use Microsoft LinkedIn, Spammers Use LinkedIn
One of my best friends, a university professor, lost all of his life's savings due to Microsoft LinkedIn
You've Only Wasted Your Life in Social Control Networks
In a sense, social control media is a giant delusion
2025 Was a Very Bad Year for Social Control Media
statCounter sees a gradual demise in Social Control Media access
Don't "Go Paperless", Go Paperful [sic] (for What Really Matters)
Why should we favour paper use sometimes? Well, many reasons.
The Slop Industry is Failing So Badly (Mountains of Debt, Losses) That It's Merging With the SPAM Industry
we reckon that Google will eventually delist all slopfarms, recognising they're just a form of SPAM
IBM Starts 2026 a Much Smaller Company (Not Homage to Gerstner)
People who get bluewashed out of their job (or bluewashed into unemployment) are gagged by NDAs
Microsoft XBox Having a "Dog Ate My Homework" Moment: No New Console Until 3 Years From Now... Because "RAM Prices"
Who will ever remember this in 2028? Nobody.
Gemini End of Year Capsules Tally (Based on Lupa) Shows About 10% Growth
What a difference a year makes
 
A New Year's Resolution: Maximal Transparency
We'll do our very best to be transparent about everything that's going on, even legal matters
Gemini Links 01/01/2026: 2025 Comes to a Close and Capsular Gemlog Manager
Links for the day
Free Software Foundation (FSF) Raised About 1.3 Million Dollars in the Past Couple of Months!
the FSF's Board now has 10 people in it
2026 IBM Phaseout of Red Hat
Red Hat won't fare any better than most IBM acquisitions
Microsoft Budget Issues, XBox Thrown Under the Bus
They're cutting budget. Soon they'll cut the staff.
EPO People Power - Part XXI - Europe's Second-Largest Institution Became a Corrupt For-Profit Company Run by Drug Addicts
it'll be the demise of the Rule of Law in Europe and maybe a death blow to the EU (eventually), not just the EPO
Another Very Productive Year Commences
"a total of over 17,000 pages in a year"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 31, 2025
IRC logs for Wednesday, December 31, 2025
Fiji: GNU/Linux Has Risen From Almost Nothing to Almost 5% in Recent Years
It's not as small as people are led to believe
Gemini Links 31/12/2025: Blogosphere is Growing and New Year Begins
Links for the day
Complexity Considered Harmful: We Used to Run an Operating System on 64KB of RAM, Not 64GB of RAM (a Million Times More)
"Initially confined to single-tasking on 8-bit processors and no more than 64 kilobytes of memory"
Links 31/12/2025: Cheeto Pushing for More Wars, ‘Security is a Shared Responsibility’
Links for the day
Enshittification of Postal Services Isn't Technological Advancement
Societies that say the aim is to "go digital" and eliminate paper trail aren't advanced; they're moving backwards
XBox is Likely Dead Already, But the Threat It Posed to Us All for Two Decades Isn't Over
"the Xbox was never about gaming and merely served as a test bed for DRM in commodity systems."
Ahead of 2026 Mass Layoffs at Microsoft the Tree Gets Shaken to See Who 'Falls' (Resigns/Retires)
"We had a quiet meeting last week about budget realignment. No one said layoffs, but it’s clear where the focus is shifting."
Almost 6,5000 Pages in 2025, Aiming Higher in 2026
if we can keep focused, then quantity will increase
Gemini Links 31/12/2025: New Resolution, Reverse Hexdump, and Programming Languages
Links for the day
Dr. Andy Farnell Explains Why Chatbots Became Dishonesty on Top of Dishonesty (Hiding Usage of Dishonest Salads of Words)
new article from CyberShow
Links 31/12/2025: Nvidia Faces Bubble-Bursting Moment, Saudi Oil Money Pumped Into Chatbots to Keep the Energy Waste Going (Circular Financing Again)
Links for the day
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025
Gemini Links 30/12/2025: FreeBSD, Gemlogs, and Xobaque
Links for the day
Get Ready for Gigantic XBox Layoffs at Microsoft (Much Bigger Than in 2025)
he unionisation drive is a sign workers already expect this
Concern Trolls: Stop Criticising Poor Gerstner Because Now He's Dead. Reality Check: Gerstner Has Found a Trick for Dodging Tax on His Hundreds of Millions in Wealth.
Maybe even billions in wealth
Samoa: GNU/Linux and ChromeOS Rose to Around 11%
based on Web access data from Samoa
DnD: Debian and Drugs
There will soon be some interesting new information about Debian
A Conundrum of Privacy/Surveillance: Will You Give Them a Stool Sample to "Feel Humane"?
What if skinnerboxes in South Korea also required that people provide urine and stool samples?
Nope, There's No Twitter "Successor"
There's a lot of horrible abuse going on in social control media
A Calm Year in IRC is a Good Year for IRC
Next year IRC will turn 38 (in August) and in 2028 it'll turn 40, just like the FSF did a couple of months ago
Slopfarms Covering Up for "Microsoft CEO Satya Nadella" After a Terrible Performance and a Terrible Year at Microsoft
How to cause many to resign/retire, hence not be counted as "layoffs"
IBM Was Never Saved, It Has Been a Downhill Journey for Decades Already
Gerstner wasn't a tech person but a fiscal butcher
Some GNU Joiners in Geminispace
Jose E. Marchesi (known for GNU poke and a bunch of other things) adopted Gemini Protocol
Jean-Slop Van Damme and the Art of Bull--- Code
it's saving neither time nor money
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025