Bonum Certa Men Certa

IBM- and Microsoft-Backed Patent Troll Strikes Again and IBM's Lobbyist for Software Patents Has Just Defended Patent Trolls (Again)

Related: IBM, IPO, AIPLA, ABA and Other Lobbying/Front Groups of the Patent Microcosm Are Trying to Change US Law for Software Patents

David Kappos as lobbyist



Summary: With IBM and Microsoft having lots of commonalities when it comes to patent policy and exploitation of the law (both employed similar people too, notably Marshall Phelps and David Kappos, former Director of the USPTO), concerns should be raised in light of the latest lawsuit from the patent troll they support

FORGET the nonsense about OIN and LOT Network; OIN does nothing to shield anyone from trolls or proxies, which Microsoft is leveraging to sell "Azure IP Advantage" [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21]. It's also difficult to forget Microsoft's role in the SCO lawsuit, which is still ongoing (more than a decade and a half now) and primarily targets IBM.



"It is quite worrying to see IBM- and Microsoft-employed lobbyists publicly defending patent trolls on the very same day an IBM-armed and Microsoft-funded patent troll uses software patents for blackmail."According to patent boosters, who took note of it pretty fast and linked to reports, patent troll Finjan, fueled by the new owner of Red Hat, backed and financed by Microsoft, filed another lawsuit. We had spotted the original press release within hours upon publication and it said this:

Finjan Holdings, Inc., (NASDAQ:FNJN), a cybersecurity company, today announced that -- after nearly two years of good faith efforts to resolve a patent dispute with Fortinet, Inc. ( "Fortinet") -- its subsidiary Finjan, Inc. ("Finjan") has filed a patent infringement lawsuit against Fortinet, Inc., a Delaware corporation with headquarters in Sunnyvale, California, in the U.S. District Court for the Northern District of California.

Finjan filed the Complaint (Case No. 3:18-cv-06555), on October 26, 2018, and alleges that Fortinet's products and services infringed or are infringing at least nine of Finjan's U.S. patents. Specifically, Finjan asserts that Fortinet's FortiGate, FortiManager, FortiAnalyzer, FortiSiem, FortiSandbox, FortiMail, FortiWeb, FortiCache and FortiClient technologies, including Fortinet Security Fabric Platform products infringe U.S. Patent Nos. 6,154,844; 6,965,968; 7,058,822; 7,418,731; 7,647,633; 7,975,305; 8,079,086; 8,225,408; and 8,677,494 (collectively "the Asserted Patents"). Finjan is seeking, among other things, a jury trial, past damages not less than a reasonable royalty, enhanced damages for willful, wanton and deliberate infringement, and reasonable attorneys' fees and costs for infringement of each of the Asserted Patents. Additionally, Finjan is seeking preliminary and permanent injunctive relief against Fortinet and those in privity with them, from infringing and inducing the infringement of the ‘968, ‘822, ‘731, ‘633, ‘305, and ‘408 Patents.


These are software patents. So the same month that Microsoft said it had reached patent "truce" with GNU/Linux its patent troll Finjan is filing yet another lawsuit against Microsoft's rivals. It's as if nothing at all has changed except Microsoft's lies embedded all over the media (something about "protecting Linux" and "open-sourcing patents).

Meanwhile, the lobbyist David Kappos (sponsored by Microsoft and IBM after he had run the USPTO) is promoting software patents and patent trolls (like Microsoft's and arguably IBM). He uses the euphemism non-practicing entities (NPEs) and published this article yesterday in what's likely the largest site on the topic, saying:

The recipe for swinging the pendulum of patent law towards weaker patent rights is simple: Start with a generous warning about the scourge of low quality patents, stir in a skosh of fear mongering regarding non-practicing entities (NPEs) asserting those patents, then apply heat with predictions of lost jobs and threats to innovation, publicize in a blog, speech or article, and there you have it!


Just like the Trump-appointed Director Iancu he seems to be denying there's a problem. Earlier this month Iancu came under a lot of fire, especially from front groups of technology firms large and small, after he had insinuated that patent trolls aren't a problem or don't even exist (they're a 'fiction' or 'fake news'). It is quite worrying to see IBM- and Microsoft-employed lobbyists publicly defending patent trolls on the very same day an IBM-armed and Microsoft-funded patent troll uses software patents for blackmail. Need we add that on the same day IBM also announced that it bought or agreed to buy all of Red Hat's 'defensive' patents, which include software patents? The Federal Circuit typically finds that those patents are invalid (if the case reaches that far, at great expense to the defendant).

Recent Techrights' Posts

GNU/Linux is 486 in Ireland
4.86% that is
"Secure Boot" is a Security Problem, Not a Solution
These people don't try to improve security but to undermine security
Don't Talk to Bullies
This serious matter is still being examined by British authorities
 
Links 18/08/2025: LLM Reputation Damaged, Australia Catches Google Foul Play
Links for the day
Geeks Like GNU/Linux
The technical community seems to be consolidating and rallying around GNU/Linux
End of Reliable Media
it makes the world a worse place, it renders the Web a misinformation machine
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 17, 2025
IRC logs for Sunday, August 17, 2025
GitHub Won't Last Much Longer
Many things at Microsoft are going to go the way of the Skype (or "dodo"). GitHub will be among those.
We've Never Used Large Language Model (LLM)
we just never used an LLM
Gemini Links 18/08/2025: Retro and Endless Escape from the WWW
Links for the day
Working Whilst Away From Home
Decades ago being away meant all sorts of problems associated with workflows and connectivity
The Next Version of Windows Will Always be the Best (for Microsoft)
It's worse and slower over time
"End of the Smartphone Era" According to Jeffrey Epstein's Key Enabler
They call it "sour grapes"
Microsoft's Windows in Gabon: Still Moving Down
What is this Unknown? Who knows...
Links 17/08/2025: Strike Downs Air Canada, Postmortems of Putin's Red Carpet Summit
Links for the day
Links 17/08/2025: Slow Tools and Enshittification of YouTube
Links for the day
Links 17/08/2025: "The Performance of Power" and "My Undesirable Friends"
Links for the day
Growing Our Reach
Our goal was never "hits"
The Russian Vision of Technology
Russia's surveillance is very extensive
Sooner or Later Almost Everyone Will Know "AI" is Just a Go-To, Misused, Misapplied, and Grossly Overused Term of Liars and Con Jobs Who Ride a Ponzi Scheme
At the expense of people gullible enough to "invest" in this or take salaries/bonuses in the form of "stock" (tied to a Ponzi scheme)
The Register MS Has Begun Using Slop Images
It's not clear when it started; but it's definitely getting worse [...] Worst of all are 'articles' about slop that are themselves slop
Reddit Funded by Microsoft
Reddit is merely a filter and we knows who controls that filter (using money)
When It Comes to Technology, Mozilla and Firefox Are Illiberal
Last month in Planet Debian we saw one more person explaining to everyone how to "turn off" DRM in Firefox and hide the pop-up/s
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 16, 2025
IRC logs for Saturday, August 16, 2025
The Open Source Initiative Has Many Scandals, We'll Try to Summarise Them All
Open Source Initiative (OSI) hates facts
Open Source Initiative (OSI), Wikipedia, Molly De Blanc, and Censorship/Reputation Laundering
OSI is like SPLC. The old name remains, the mission changed
Gemini Links 17/08/2025: Misunderstanding "Geminiverse" and Let's Encrypt
Links for the day
Links 17/08/2025: Breaches, Layoffs, and Scams
Links for the day
The Case for Software Freedom in Europe Becomes Stronger as GAFAM and the US Become Allies of Those Who Invade Europe
"One would think that both sides of the pond would be very interested in this valuable commons and work to not just protect it but cultivate it further, rather than work to saw the legs from under it by advancing software patents instead."
Slopwatch: Google News, LinuxSecurity, LinuxBSDos.com, and Garbage From Brian Fagioli
nowadays when people search the Web or when one researches some topic (looking not just for news in Google News) one is increasingly likely to land on a fake 'article' spewed out by some Microsoft LLM
Gemini Links 16/08/2025: Back After Hiatus and News Aggregators in Geminispace
Links for the day
Links 16/08/2025: mRNA Being Abandoned, Putin Plant Flags in Alaska, Faces No Sanctions
Links for the day
Links 16/08/2025: Science Besieged, Confidentiality Standards Breached
Links for the day
Links 16/08/2025: Loners and Vacation, Climate Issues
Links for the day
Links 16/08/2025: Chatbots Bad for Kids, Software Patents Apple Battle
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 15, 2025
IRC logs for Friday, August 15, 2025
Slopwatch: WebProNews and Google News Promoting Fake Articles About "Linux"
Google News is being flooded by these slopfarms, so when Linux news is being sought online (via Google News) many people will read bots that spew out FUD
Original European Patent Convention (EPC, 1973), Routinely Violated by the European Patent Office, Now in Geminispace
hundreds of thousands of European Patents must be immediately revoked
Gemini Links 16/08/2025: Politics and Alhena 5.2.8
Links for the day