Bonum Certa Men Certa

Patent Trolls Roundup: Epic IP (IP Edge), Cumberland Systems, MacroSolve and Others

Hvitserkur
Hvítserkur Rock Formation - The Troll of North-West Iceland



Summary: A quick weekly look at actions by and against parasites that produce nothing but patent lawsuits, typically with unoriginal software patents that have no footing in today's patent climate in the United States

THE USPTO has fed the trolls. Yes, it has. By granting millions of patents that are of questionable validity it created an 'underworld' or a 'black market' of blackmail and extortion. Trolls with such dubious patents go after small businesses that are unable or unwilling to pursue legal defense; if the patent 'protection' sums (it's really just a racket) don't add up as much as litigation against large firms with deep pockets, then the trolls make up by 'volume' (targeting potentially thousands of small businesses with threatening letters).

"Bounties nowadays help invalidate patents of patent trolls (i.e. disarm/neutralise them), as we first noted some months back."It is important to name and shame the trolls, which are often pseudo-(or poly-)nymous. They keep shifting shapes and names so as to better cover their tracks and hide who's behind them (subsidising them and sometimes directing them, as Microsoft often does).

Several days ago when we wrote about patent trolls dropping like flies (because of legal challenges to their patents) we could just about predict/foresee Watchtroll writing in defense of these trolls. We don't want to feed the (Watch)trolls, but let's just say that it's pretty revealing who supports them and props up their agenda. It's often the sites sponsored by the trolls (like IAM) or authors to whom trolls are clients.

Bounties nowadays help invalidate patents of patent trolls (i.e. disarm/neutralise them), as we first noted some months back. Days ago Unified Patents (prolific filer of inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB)) posted not just one but two new examples of this. Someone "received a cash prize of $2000 for his prior art submission for U.S. Patent 6,434,599, owned by Epic IP," Mr. Jain wrote. Here's some background:

Unified is pleased to announce the PATROLL crowdsourcing contest winner, Nikhil Bhaskar, who received a cash prize of $2000 for his prior art submission for U.S. Patent 6,434,599, owned by Epic IP, an IP Edge subsidiary and well-known NPE. The '599 patent, directed towards an online chatting method, has been asserted against numerous companies in district court litigation. To help the industry fight bad patents, we have published the winning prior art below.

We would also like to thank the dozens of other high-quality submissions that were made on this patent. The ongoing contests are open to anyone, and include tens of thousands of dollars in rewards available for helping the industry to challenge NPE patents of questionable validity by finding and submitting prior art in the contests. Visit PATROLL today to learn more about how to participate.


Another patent troll was tackled by patent prior art and bounties help motivate submissions to that effect. To quote:

Unified is pleased to announce the PATROLL crowdsourcing contest winner, Sachin Srivastava, who received a cash prize of $2000 for his prior art submission for U.S. Patent 8,023,647, owned by Cumberland Systems, LLC, a well-known NPE. The '647 patent, directed to a password encryption system and method, has been asserted against numerous companies in 24 district court litigations. To help the industry fight bad patents, we have published the winning prior art below.


Josh Landau (from the technology-centric CCIA) has meanwhile written about software patents which enable patent troll ("NPE") MacroSolve to blackmail restaurants. "NPE Resurrects Canceled Patent To Go After Restaurants—Questionable questionnaire patent revived to go after restaurant mobile apps," said the accompanying tweet and here's the gist of it (the patents at hand):

A few years ago, a company called MacroSolve stopped creating products and started creating patent litigation. Its tool was a patent that claimed to cover mobile questionnaires. But after several of their targets decided to fight back, filing an ex parte reexamination request that wound up cancelling all of the claims of its patent, MacroSolve dropped their litigation campaign.

That should have been the end of the story—a poor-quality patent is issued, a company asserts the patent, and the patent gets invalidated. But as of last week, a new patent claiming the same basic idea is being used to go after a wide variety of restaurants under a new company name—Fall Line.

Questionable Patent #1

MacroSolve’s original patent on a “System and method for data management”—the ‘816 patent—claimed to cover taking a questionnaire, turning the questionnaire into tokens, wirelessly sending the tokens to a remote computer, using the tokens to collect a survey response from a user, and sending the results back.

In other words, the same online web survey using HTML forms that I filled out when I registered for college classes, years before MacroSolve “invented” the idea.

Say Goodbye To Questionable Patent #1

MacroSolve took the ‘816 patent and sued over 60 different companies, ranging from airlines to retailers to hotels. They filed their suits in the Eastern District of Texas. Rather than face the expense of litigation, a number of companies took inexpensive licenses, but eventually MacroSolve sued Newegg and Geico. They chose to fight, rather than settle, filing a request for ex parte reexamination.

The USPTO took a look at the ‘816 patent and agreed that it should never have issued—they cancelled all of the claims of the ‘816 patent.

And Hello To Questionable Patent #2

That should have been the end of the story. It wasn’t.

MacroSolve had filed a continuation application, which creates a separate patent application unaffected by the first patent being invalidated. After the ‘816 patent was invalidated, MacroSolve transferred the patents to a new company, Ediche, which continued to try to patent the same basic idea


We have meanwhile found Kluwer Patent Blog covering the recent Facebook case, which was first mentioned here last week (days after the decision from the Federal Circuit). It's one of the latest defeats for software patents in this high court for patents (highest bar SCOTUS). To quote:

In a challenge to Facebook’s patent application for a method for arranging images contiguously in an array, a prior art reference—a patent application filed by Perrodin that related to placing images on a grid and did not require contiguity in response to resizing or rearranging in all cases—could not have disclosed the limitation of Facebook’s application that required all of the image elements to be contiguous, the U.S. Court of Appeals for the Federal Circuit has ruled.


Last but not least, here's an oddly-titled report, "Blackberry Patent War Mostly Survives Attack by Facebook, Snap" (very gross inversion of narratives).

Blackberry barely acts like a real company anymore (some call it a "troll"), so Facebook and Snap are defending themselves from the troll's (Blackberry) attack. It's not Blackberry "surviving" and being "attacked" but its questionable software patents reassessed. The lawsuit/battle is still in its early stages and here is what has happened thus far:

A federal judge on Tuesday kept intact the bulk of Blackberry’s patent infringement claims against Facebook and Snap, finding it’s too early in the proceedings to say Blackberry’s patents aren’t valid.

Blackberry sued the social media titans in March, claiming it pioneered the “sense of real-time presence” that is now standard in instant messaging applications when it developed the first messaging platform with timestamps.

The Canada-based smartphone maker accused Snap and Facebook of copying patents covering the timestamp tool, message notification icons, push notifications for ads and mapping media activity by users for their services.


Like we said at the time, these are software patents which PTAB would likely deem/consider to be invalid. Patent lawsuits such as these, however, can take a long time (years) and cost millions of dollars irrespective of the outcome.

Recent Techrights' Posts

Layoffs in Twitter, Facebook, and Microsoft's LinkedIn
There are silent layoffs at Microsoft this month
We Don't Depend on Google and Don't Care for Google
We have our own site search and we don't depend on Google to bring visits/visitors to us
Facebook Layoffs Due to Enormous Debt, Nothing to Do With "Hey Hi" Slop
The lies about "hey hi" in relation to layoffs will only contribute to further public resentment towards: 1) the media and 2) all the slop.
 
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026
Change of Address at the Hired Guns, Address Removed
Companies tend to alter their 'shell structure' in anticipation of major action
The Good IBM Managers Have Flown Away, All That's Left is the Book-Cooking Loyalists
IBM is just cheating the SEC and shareholders. This seems to be the only thing IBM's management is nowadays good at.
Microsofters' SLAPP Censorship - Part 12 Out of 200: Months Ahead of Serial Strangler From Microsoft Who Helped Double the Lawsuits (Funded by Third Parties) as 'Revenge' for Exposing Crimes
In 2024 I sat down and wrote about what had been done to me and to my wife
Crime Comes in Many Forms
apparently the SRA is OK with stranglers of women in America bullying the media in the UK
commandlinux.com, linuxteck.com, linuxiac.com, and linuxsecurity.com are Slopfarms With "Linux" in Their Domain Name
once readers realise they read slop they immediately lose interest
Links 14/03/2026: Adoption of Slop Has Killed BuzzFeed, Russia Sees "Economic Gain From Iran War"
Links for the day
Patriotism is Conditional, If It's Unconditional, Then It's Like a Cult
My love for Software Freedom is only as strong as my love for Freedom of the Press
Links 14/03/2026: Mass Layoffs at Facebook ('Meta') and Sweeping Layoffs at Twitter (xAI), Social Control Media and Slop Are Only Debt
Links for the day
Wrong Time, Wrong Place (Digg)
Kevin Rose and Alexis Ohanian can relaunch Digg.com, but we doubt it'll work "this time for real!"
Universities Became Bad Places for Work
What happened to academia?
Reporting New and Suppressed Information is What Journalism is All About
In the domain of Free software, there are very few sites out there that offer exclusive coverage on community affairs and there are many gagging/censorship attempts
The Limits of Speech and the Rationale of Limitations
it seems to be part of an international trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 13, 2026
IRC logs for Friday, March 13, 2026
Gemini Links 14/03/2026: Goodness, AD534 Multiplier Module, and Extroverts Online
Links for the day
Atlassian Corp: We're Doing Layoffs Because of "Hey Hi"; Wall Street: Atlassian Corp is Just a Failing Business
Don't ask "the media"
Microsofters' SLAPP Censorship - Part 11 Out of 200: Cannot Censor His Spouse, Accusations Are Repeated Today
He already has a history of threatening to sue gay people in America; he cannot take criticism too well
Price of Storage, Price of Energy... What Next?
EPO workers are going on strike because their salaries don't keep up with price increases and tech companies without connections in "the channel" face long delays, low availability, and high prices (no "bulk" purchases), which further solidifies monopolies.
Don't Forget Red Hat's RTO (Return-to-office) Layoffs
How many people still remember that Red Hat did the same thing?
Reminder: Microsoft silent Layoffs by RTO (Commute Time and Lack of Comfort/Work Satisfaction) Already in Effect This Year
It's difficult to measure how many employees have already "left on their own" due to the RTO policy
Founder of IBM Ventures Has Just Quit IBM
Some people leave IBM and many people 'leave' IBM
Signs of Impeding Mass Layoffs - Not Just Quiet Layoffs - at Microsoft
Beneath the surface there are waves of layoffs and even entire teams are let go
Career Science and Academia as Corporate Propaganda 'on Tap'
article about surveillance
Veteran GNU/Linux Journalist Jack Wallen Tries Geminispace and Likes It
It'll turn 7 some time soon
Scheduled Maintenance Tonight
There will be similar work early next week
"Alternative to Microsoft Office" Must Use Free/Open Standards/Formats for Real Sovereignty
It would make sense for the EU to invest in its own workers and its own software projects, more so now that there are hostile countries both to the east and to the west
IBM Has No Clue How to Integrate Companies Like Red Hat
IBM is failing to respect this company's culture
Fake Articles From Sites With "Linux" in Their Name/Domain Name
we can at least hope that linuxteck.com made a decision to quit slop
Links 13/03/2026: New US Weapons for Taiwan, Pakistan Air Strikes Hit Kabul
Links for the day
Gemini Links 13/03/2026: Exhaustion and Smartphone Addiction
Links for the day
Friday the 13th & Debian Developers afraid to nominate in DPL elections
Reprinted with permission from Daniel Pocock
Links 13/03/2026: Chatbot "Pentagon Contract" (Bailout) and Secret Service Ditches Slop Pusher
Links for the day
When Everybody Has a Right/Access to An Attorney/Lawyer (But Some Get Funding From Malicious American Corporations to Spend a Million Dollars on Many Lawyers and Several Barristers)
And send about 75 KG of legal papers to the residence of the "opponent"
European Qualifying Examination (EQE) Being Reduced to Pieces of Papers One Can Buy, Patent System Rapidly Losing Its Legitimacy
Welcome to the "new Europe"
Priorities in 2026
2026 is an interesting year
Willis Towers Watson (WTW) Producing More Propaganda for EPO "Cocaine Communication Managers"
The Local Staff Committee The Hague (LSCTH) has this new paper about Willis Towers Watson (WTW) and its annual EPO-sponsored propaganda, pretending all is well when things are clearly dire
Head of Microsoft Office and Microsoft 360 is Leaving Microsoft Amid Problems and Mass Layoffs
Microsoft is like a "legacy" company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day