Bonum Certa Men Certa

Thomas Massie and Marcy Kaptur Are Promoting the Interests of Patent Trolls and Patent Lawyers While Calling That “Innovation”

“Innovation” does not mean bullying firms which actually invent and make stuff

Patent Trolls: Evidence from Targeted Firms



Summary: Remarks on the ongoing effort to promote patent trolls' interests under the guise of "helping small businesses" -- a very misleading propaganda pattern that we have been finding in Unified Patent Court (UPC) lobbying at the EPO

THE low quality of patents granted by the USPTO for a number of decades (still valid, expiry may take 2 decades) has meant that patent trolls lay their hands on software patents, which they can then use to blackmail small businesses (without even a court/legal challenge). Small businesses are harmed the most because of their lack of access to justice (simple matter of economics).

"Small businesses are harmed the most because of their lack of access to justice (simple matter of economics)."Recently, the patent trolls' lobby, IAM, advertised a huge patent troll called iPEL. The troll tries to market itself as the very opposite of what it is, calling itself "ethical" (even trademarking it!) and portraying itself as an ally of small businesses.

IAM's Jacob Schindler continues to play along with this scam, having published yet more nonsense for this troll earlier this week. To quote:

The recent launch of a new NPE, iPEL, caused more than a few raised eyebrows among experienced licensing operators. “Who is this guy?” seemed to be the collective response to iPEL’s co-founder Brian Yates who, in launching his new business, has come out swinging for the monetisation fences. His bold talk of a China-focused licensing strategy, backed by a large portfolio of assets from several of the biggest Chinese tech players and a $100 million kitty to play with courtesy of a hedge fund investor, has clearly grabbed a lot of attention.


They're trying the anti-China angle, but in reality it's just an elaborate plot to tax everyone using patents. IAM seems to have acted like a "media partner" of this elaborate plot, having spoken directly to the people behind this troll, lowered its paywall to increase exposure, and repeated the marketing lies.

"They're trying the anti-China angle, but in reality it's just an elaborate plot to tax everyone using patents."The reality behind patent trolls was explored in a very recent paper from Lauren Cohen (Harvard Business School; National Bureau of Economic Research (NBER)), Umit G. Gurun (University of Texas at Dallas) and Scott Duke Kominers (Harvard University). It's titled "Patent Trolls: Evidence from Targeted Firms", noting that these trolls have "become effective at bringing frivolous lawsuits" (harms small businesses the most because they cannot afford justice, it's just too expensive and settlement is a lot cheaper). To quote the abstract:

We develop a theoretical model of, and provide the first large-sample evidence on, the behavior and impact of non-practicing entities (NPEs) in the intellectual property space. Our model shows that NPE litigation can reduce infringement and support small inventors. However, the model also shows that as NPEs become effective at bringing frivolous lawsuits, the resulting defense costs inefficiently crowd out firms that, absent NPEs, would produce welfare-enhancing innovations without engaging in infringement. Our empirical analysis shows that on average, NPEs behave as opportunistic patent trolls. NPEs sue cash-rich firms ― a one standard deviation increase in cash holdings roughly doubles a firm's chance of being targeted by NPE litigation. We find moreover that NPEs target cash unrelated to the alleged infringement at essentially the same frequency as they target cash related to the alleged infringement. By contrast, cash is neither a key driver of intellectual property lawsuits by practicing entities (e.g., IBM and Intel), nor of any other type of litigation against firms. We find further suggestive evidence of NPE opportunism, such as forum shopping and targeting of firms that have reduced ability to defend themselves against litigation. We find that NPE litigation has a real negative impact on innovation at targeted firms: firms substantially reduce their innovative activity after settling with NPEs (or losing to them in court). Moreover, we neither find any markers of significant NPE pass-through to end innovators, nor of a positive impact of NPEs on innovation in the industries in which they are most prevalent.


In view of all this, consider the so-called 'reform' proposed by Thomas Massie and Marcy Kaptur, who generally push if not lobby to promote software patents and abolish the Patent Trial and Appeal Board (PTAB).

"In view of all this, consider the so-called 'reform' proposed by Thomas Massie and Marcy Kaptur, who generally push if not lobby to promote software patents and abolish the Patent Trial and Appeal Board (PTAB)."Now see the article "NSBA supports patent system reform measure" by Douglas Clark, promoted by Patently-O again and by various patent trolls (as noted in [1, 2]) for NSBA. It says:

NSBA officials said the Restoring America’s Leadership In Innovation Act, which was introduced by Reps. Thomas Massie (R-KY) and Marcy Kaptur (D-OH), is a necessary, small-business friendly alternative to other harmful patent reform initiatives currently pending before Congress.

[...]

In 2011, Congress passed and President Obama signed into law the America Invents Act (AIA), which the NSBA said resulted in negative side-effects for small-business innovators and limited their ability to protect their patents from infringement.


Actually, the biggest victims of software patents and litigation are small businesses. PTAB is of much use to them (they can even crowdsource/crowdfund an inter partes review (IPR)), so NSBA either does not understand how the patent system works or enlisted many of the parasites (like trolls) as members.

"The interests promoted by him aren't industry's or even innovation; he's attempting to change the law in favour of the litigation 'industry', i.e. those preying on actual scientists and holding innovation back."Sadly, the likes of Massie and Kaptur might actually believe that they are helping, boosted by these lies about US lost leadership in "innovation" -- a myth further perpetuated (disappointingly) by IP Watch yesterday. Amplifying WIPO and its new propaganda (whose purpose seems to be increasing patents and billionaires' protectionist laws), IP Watch speaks of something called "Global Innovation Index 2018". How was it measured? Patents?

Either way, if Massie can call himself a scientist (check out his professional background), he will reassess what he's doing here. The interests promoted by him aren't industry's or even innovation; he's attempting to change the law in favour of the litigation 'industry', i.e. those preying on actual scientists and holding innovation back. ⬆

Recent Techrights' Posts

Slop-Posting is a New Form of S---posting
We recently caught several more "linux" sites (with "linux" in their domain name) turning to slop
Losses From Slop Are "Investment", Hundreds of Billions in Debt Are "Growth Opportunity", Layoffs Are "Great to See", and Loss of Business Means "We Need a Slowdown" (for "Safety")
Microsoft is removing staff, as investment is apparently the act of shrtinking
Brigading Against Women - Part XII - Toxic Masculinity, Hunting Women, Will Code for Sex
Who says things like these?
The Microsoft Lunduke Slop Problem
Microsoft Lunduke does not support Software Freedom; he serves to discredit many ideas championed by Free software or ideals articulated which are apolitical for the most part
 
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026
Gemini Links 30/09/2026: Fish Leather, Slop Formation, and ROOPHLOCH
Links for the day
In a Lot of Europe (or EU) Android (With Linux) is Bigger Than Windows
For example in Greece
EPO Cocainegate: Lots of Money (Over a Million Euros) for Cocaine Addicts, Not for Children With Special Needs
Next month we'll bring out some more Campinos scandals
High Court victory: Nigel Farage is 'the Company's own candidate'
Reprinted with permission from Daniel Pocock
It Took GNOME's Code of Conduct Committee (CoCC) Over 8 Months to Realise CoC Reports Went Into /dev/null/
It would be ironic if the blunder's culprits were punished for it, would it not?
Links 30/09/2026: Microsoft "OpenAI Ignored Employees’ Warnings About Safely" and "Pentagon Personnel Agency Data Breach Impacts 3 Million People"
Links for the day
The Register MS "Events" As Paid Spam That Promotes and Keeps Afloat Hype About Slop
This dreary sort of media reads like a soup of words, i.e. like the thing it is advertising
Digital Independence in the UK and in Western Europe
We have the technical capacity and skilled personnel to achieve this
IBM's Anderon as a Mass Layoffs Ritual With a Bailout (From US Taxpayers to IBM) and Other Perks
Like those empty promises in the first term of the Cheeto dictator
Gemini Links 30/09/2026: David Bowie, Web Rendering Proxy, Ink and Letters, Gemlog Nostalgia
Links for the day
EPO Annual General Meeting (AGM) Will Speak of Financial State of the EPO's Union
Their work is needed because the EPO breaks the law
Rust Causes Upgrade Issues in Ubuntu
They could just keep GNU coreutils in place (nothing was broken about it) and avoid Microsoft's back doors and TPMs
Links 30/09/2026: "Understanding the LLM Bubble" and "Florida Senate Threatened Legal Action Against Newspapers"
Links for the day
It Looks Like Mass Layoffs at "Nordcloud, an IBM Company" Today (a Day Ahead of Red Hat)
Expect the same from Red Hat next
British Prime Minister Recognises Social Control Media as National Cohesion Problem
one has to wonder if addiction to social control media is not compatible with peace
The Future Isn't Social Control Media (Nothing Will be Left of It, Not Even Archives)
"Error code: 502 Bad Gateway"
GNU/Linux Usage in China is Increasing
China is leaving Microsoft and Windows behind
43 Years of GNU and GAFAM's (Especially Microsoft's) Attacks On It
GNU is very widely used (when people say "Linux commands" they typically mean "GNU programs"), hence it's being attacked a lot
CDMAG Covers Free Software, New Magazine From Decent People
If enough people accessed their site, they would not rely on social control media (third parties, censorship platforms)
Brigading Against Women - Part XI - An Abject Lack of Social Skills (and Not Knowing How to Handle Women)
GGG enjoy - if that's the right term - very bizarre or esoteric sex life
Gemini Links 30/09/2026: Accelerationism, "The Billionaire is Wrong", Rant About LLM-generated Support E-mails
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 29, 2026
IRC logs for Tuesday, September 29, 2026
Black Brit on "Pictures Comparing Me to a Monkey" Because of Brett Wilson LLP Client
"Like Firm, Like Clients..."
President of the EPO Should be Kicked Out, Not Have His Term Terminated in 2028
The President is facing more scandals soon
David Gordon at The Register MS Keeps Feeding the Pyramid Scheme With Fake Articles That Say "AI" Dozens of Times
How can such a publisher still be taken seriously?
The Local Staff Committee The Hague (LSCTH) at the EPO Explains the Working Conditions and Crisis of Plunder (Less for Workers, a Lot More for Dictators Who Refuse to Leave Leadership Roles)
Next week will be epic
EPO Will Stop Working for 10 Days to Protest Against 'Cocaine King' and His Assault on Democracy, Lawfulness, Transfer of Power at EPO
Strikes, work stoppage, all rolled onto one
IBM Brings Avalanche to Red Hat October 1st 2026 (Thursday)
IBM is turning up the heat on staff
Links 29/09/2026: Mass Layoffs at Microsoft and Backlash Over Data Center Policy of Microsoft
Links for the day
Techrights is International
There are many sites that focus on local communities or nations. We're not one of those sites.
5 Years Ago (September 29, 2021) Richard Stallman's Talk in Ukraine Noted
Let's hope the war will end soon
Links 29/09/2026: Acceleration, Morale, and ROOPHLOCH 2026
Links for the day
Links 29/09/2026: "Scam Altman Is Driving Drunk" and Anthropic Lies About Slop Usage
Links for the day
Brigading Against Women - Part X - When Actions of American Men Are Not Judged by Other American Men
"There is not the slightest suggestion that either Dr or Mrs Schestowitz did anything to invite or deserve it. They are both clearly and justifiably angered, dismayed, distressed and hurt by it."
European Patent Office (EPO) Series: A Source of Pride for Portugal?
In this part our focus returns to the main theme of this series, namely the current reappointment campaign of the EPO President, as we consider whether Campinos can still expect to enjoy the same level of support from the Portuguese political establishment as he did during the earlier stages of his career
Computers Freeze Because of UEFI Restricted Boot
damage is also done to computers running Windows
It is Very Expensive to Slow Down Techrights
Garrett's expensive hearing (costing the British taxpayers about 120,000 pounds; he doesn't live here and does not pay tax here) slowed us down for a few days, but we've picked up the pace since
Linux Has Conquered Mobile, But Desktops and Laptops Matter More
When people say the desktop "doesn't matter" they seem to be missing the point that workplaces use desktops (or laptops) and a lot of the work gets done not on skinnerboxes but "workstations" or terminals
Brigading Against Women - Part IX - "What Are You, a Racist?"
Because behind every strong man is a strong opinion?
Gemini Links 29/09/2026: "Digital Sabbath", Starting a GemCapsule, and Sterrenkijker 1.1.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 28, 2026
IRC logs for Monday, September 28, 2026