Bonum Certa Men Certa

Rapid Collapse of Patent Aggressors' Patent Strategy: Creative, Microsoft, RPX, LinkedIn, and Fitbit

Not only classic patent trolls are collapsing/folding

Horacio Gutierrez
Picture contributed by a reader in 2008



Summary: The fantasy which is building a company on a foundation of patent revenue (like a patent troll) is quickly going away, as even some of the most notorious patent aggressors (companies that are failing in the real market and thus turn to patents) begrudgingly and inevitably find out

THE patent microcosm (people whose profession is just patents, not science and/or technology) is on the retreat. It is retreating from many fronts and it is sometimes willing to publicly acknowledge this. Sometimes it just resorts to insulting the Director of the USPTO, Michelle Lee ([1, 2, 3, 4] (as if she is in some ways comparable to the crooked EPO management).



The patent microcosm will lose a lot of people. The reason for their anger is the demise of their profession, or the bursting of the patent bubble. Below we present some of the latest examples.

Creative



Reading IAM (with a sceptic's hat on) can be handy because looking past the spin and the damage control, it is clear that the patent microcosm suffers brain drain that goes all the way up to the top. After Creative had become a patent troll, as we explained here last year, its legal head finally -- one might say belatedly -- jumps ship (ignore IAM's lipstick on this pig). We suppose that the litigation strategy didn't work out as expected. To quote, "Anan Sivananthan has stepped down as associate vice president and head of legal after spending 17 years with the company in order to join the Singapore IP practice of Bird & Bird."

So no more patent trolling for him?

Microsoft



Recently, as we covered here as recently as last month as a matter of fact, Psyhogeos left Microsoft, only months after Horacio Gutierrez had left. The significance of this is very high; it shows Microsoft's trolling operations failing. Microsoft's patent blackmail, using software patents as a weapon of choice, is not yielding any major gains and rumours in recent press reports say that there are more layoffs imminent (the company's own troll entity's chief left recently, possibly with more departures to come). It means that attacking Android OEMs with patents -- something that Creative too has been doing -- is a losing strategy. Here is the latest about the demise of Microsoft's trolling operation:

There was more evidence last week of ongoing challenges for patent licensing when two giants of the tech world published their latest quarterly results.

[...]

Patent licensing, though, did not fare so well, as the software giant saw a 25% decline in revenues due to a drop in licensed units and licence revenue per unit.

As we have seen in other recent quarters, Microsoft’s royalty stream is slowing thanks to falling smartphone sales and decreases in the average price of a device. The Redmond-based tech company doesn’t split out the numbers for it IP business, so we don’t know exactly how much it brings in, but it is understood to have been as high as between $2 billion and $3 billion.

In other words, licensing is important for Microsoft (especially with regards to overall profitability), but it is not as a critical determinant of the company’s fortunes as it can be for others. Plus, as we have seen under new CEO Satya Nadella, the Windows giant has changed tack as its looks to forge new and develop existing business relationships, of which licensing agreements can be a useful part.


Microsoft is basically just a giant patent troll, especially in the area of mobile devices.

RPX Headless



Another patent troll, one that Microsoft is a member of (see background in our wiki), is imploding. "IAM understands that RPX co-founder John Amster has stood down as CEO of the defensive patent aggregator," it said the other day.

Great news again.

But wait, there's more...

LinkedIn



IAM, which adopts propaganda terms like ‘efficient infringement’ (to describe innocence from patent infringement), writes about Microsoft's LinkedIn and its love of patents (the above mentions the takeover of LinkedIn as well). Is LinkedIn about to become a patent troll like the company that's buying it for spying purposes? Will Microsoft shake down Twitter using patents in the same way IBM did? Maybe it's premature to predict this, but either way, here is IAM's editor about "Trump, IBM, LinkedIn", accompanied with the propaganda terms:

While many in the US IP community hope that the arrival of President Trump will herald a new era in which patents become the valuable, enforceable assets they once were - and so-called ‘efficient infringement’ is consigned to history - hope is all they have at the moment.


Trump's patent policy (or lack thereof at this stage) will be the subject of a later post.

Fitbit Falls on Its Patent Sword



There is yet another new example of patent abusers losing big. Not too long ago we wrote about Fitbit chickening out of a patent war which it itself had started. It turns out now, based on a quick/concise tweet from Tim Bradshaw, that "Fitbit fell 16% today after slashing its outlook & cutting jobs. At $1.3bn it's now worth less than GoPro ($1.5bn)" (links to an article behind paywall).

Well, remember that Fitbit was the company that attacked its rival with patents and then ran away from the battle that it had created, saying that its RIVAL was financially weak! So perhaps it was just a projection tactic. It turns out that it's Fitbit that's utterly weak (financially). Here is a new report about it which is not behind paywall:

Fitbit Inc. will eliminate about 110 jobs, or 6 percent of its workforce, and said fourth-quarter results won’t meet analysts’ estimates amid declining demand for its fitness trackers.

Fitbit expects to report that it sold 6.5 million devices in the quarter ended Dec. 31 2016, with revenue of $572 million to $580 million, the company said in a statement Monday. Analysts were expecting $736.4 million, on average. Fitbit forecasts revenue in 2017 of $1.5 billion to $1.7 billion. Analysts had estimated $2.38 billion. Official results are due to be released Feb. 22.


Fitbit wanted to live by the (patent) sword and it fell on its sword. It didn’t help Fitbit when it attacked competitors using patents. It just made the company look foolish and now it is suffering. Money went to lawyers rather than salaries or R&D.

Recent Techrights' Posts

This Bubble is Bursting, Piecewise
It's nice to see Wall Street getting some reality checks
Can We Finally All Agree That UEFI 'Secure Boot' is a Sham That Harms Security and Gives Microsoft Remote Control Over All PCs and Servers (Even Those That Don't Run Any Microsoft Software)?
Cui bono?
Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
 
UKIP TV (GBNoise) Covers Challengers to UKIP Nigel, Daniel Pocock Mentioned
Way to get noticed
Links 18/07/2026: Chinese State Media Depicting Neighbours as Monkeys, US "Stocks Sink on Anxiety About Tech and Hey Hi (AI) Spending"
Links for the day
Gemini Links 18/07/2026: "Business Idiots Everywhere", "The Siren Song of DePIN", and Entering Geminispace
Links for the day
GNU/Linux in Lithuanian Desktops/Laptops Climbs to 8%, the Global Average
For its own national security it would be wise to abandon Windows
It's Not About XBox, Microsoft is Already Firing Hundreds of People Who Do "Security [sic] Engineering" [sic]
The official reason/excuse/lie told is something about slop, but no sane person would buy it (not even insiders who are impacted)
Bolivian People Adopt GNU/Linux (They Have a Domestic Distro Too, PluriOS)
Notice Windows falling to an all-time low
No Technical People Write About UK Parliamentary Elections
Almost none of them work in the media, which seems to favour parrots, slop, or parrots that use slop
"But Stallman is Scaring Away Women..."
Such dishonest projections (projection tactics) needs to be called out and refuted
First Female Debian Project Leader (DPL) Affirms Low Profile and Inferior Status of Women in GAFAM
3 months ago Sruthi Chandran was elected as Debian Project Leader (DPL) for a period of 12 months
After 5 Years Vista 11 Still Adopted Less Than Its Predecessor (Orphaned, End of Life Since Last Year)
Notice Windows going down to 40%
We Don't Depend on Google (or Search Engines in General)
there's a lesson here and it extends beyond sites
Only "Torvaldos" (Linus Torvalds) Can Use the F-Word, CoC Does Not Apply to the Enforcer, and Richard Stallman Punished for Using the Other F-Word ("Freedom")
"Linus Torvalds tells AI haters to fork off"
Explaining the Culture of Bulletin Board-Style Chat
Only desperate detractors would try to present something (cherry-picked) from IRC as some sort of official statement for Techrights
Independent, But Not Fringe
"Daniel Pocock is an Independent Candidate."
In Free Software, Nobody Gets Fired
Way to own one's code and project
PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day
Links 16/07/2026: Slop Recognised as a Waste of Energy, Hong Kong Cracking Down on Dissent/Opposition Some More
Links for the day
GNU/Linux Approaching 5% "Market Share" in Oceania, Almost Trebling in 12 Months
It is difficult to ignore the gains made by GNU/Linux this month
Microsoft Whistleblowers Explain How Brutal the Latest Cull is (Layoffs in Seconds-Long Calls, Mass Elimination of Whole Studios and High-Level Officials)
we see anonymous leakers or whistleblowers in the media today
Gemini Links 16/07/2026: esp32-gemserv, Slop-Contaminated Free Software, and Moving Systems
Links for the day
Last Summer Microsoft Mass Layoffs Came in Two Large Waves, Rumours Say Next Week Another Large Wave is Coming
If many more Microsoft layoffs are formally admitted next week we will not be surprised
Tomorrow is Another Strike Day at Europe's Second-Largest Institution, the Media is Still Deliberately Ignoring It
Fridays are now recommended “anchor days" for EPO strikes
Public Interest News Foundation Shows News Drought or News Deserts in the United Kingdom
Public Interest News Foundation shows that we should be deeply concerned
Illusions of Choice
Choices can be differently bad or equally bad
Windows Down to 10% in India
Windows is a "burning platform"
One Year Has Passed
Our aim is to repair an injured system wherein "abuse of process" can be turned into a weapon, leveraged even by foreigners who are funded by affluent third parties
Techrights is Annoying People Who Work for (and Serve) People Who Annoy (and Abuse) Society
Working against us (instead of with us) has historically been a bad strategy
No Skinnerboxes, No Slop, No False Idols or Corporate Prophets
Torvalds does not understand the everyday struggles of tech workers and tech users because he is a millionaire
IBM's Next Stop: $199 (Market Cap Already Under 2.5 Times IBM's Debt)
Don't rush to call us "sensationalist" over it
Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
Links for the day
Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
Links for the day
Rebellion Brewing at Microsoft
As always, we welcome Microsoft whistleblowers
Technology Against Human Nature
Losing a sense of what it means to be alive
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 15, 2026
IRC logs for Wednesday, July 15, 2026