01.21.18

Gemini version available ♊︎

Patent Troll Finjan Looks Like It’s About to Collapse, But Patent Maximalists Exploit It for Software Patents Promotion

Posted in America, Microsoft, Patents at 4:00 pm by Dr. Roy Schestowitz

This troll’s market value already crashed by about 75% in the past 5 years

Phil Hartstein
Phil Hartstein, CEO of Finjan (Photo credit: Courtesy), via Times of Israel

Summary: Patent trolls are struggling in their use of software patents; few (if any) of their patents are upheld as valid and those that miraculously remain in tact become the subject of fascination if not obsession among trolls’ advocates

THE USPTO‘s lenient attitude towards software patents prior to Alice is causing great difficulties and trouble to software developers in the US. Patent trolls absolutely love such patents for various reasons including the number of potential defendants (victims). In particular sectors, particular types of patents can only be used against very few companies and these companies tend to have deep pockets; not so with software…

Karina Tiwana, the general counsel at Alcatel-Lucent Enterprise, wrote about the LOT Network and the Open Innovation Network (OIN) yesterday. She did not wind up refraining from using the “T” word, both in the headline and the body, for example:

Patent trolls, more formally known as Patent Assertion Entities (PAEs), are entities that acquire patents for the sole purpose of suing companies in order to monetize them. They also happen to make a habit of piling on a tremendous amount of added work, expense, and stress onto legitimate operating companies.

Preparing for possible litigation has become a standard “cost of doing business” over the years. As the General Counsel of Alcatel-Lucent Enterprise (ALE USA, Inc.), I’ve spent the last few years engaging in battles with patent trolls, at a cost to my company and colleagues. Meanwhile, the PAEs themselves faced few ramifications.

Alcatel-Lucent has itself targeted quite a few companies with patents. We wrote many articles about that.

More curious, however, was recent coverage about Finjan, whose business is virtually nonexistent because it’s all about patents and litigation. Among recent financial coverage [1, 2] we see an “Increase in Shorts”, which may suggest an imminent collapse. “The company has market cap of $62.06 million. The firm owns a portfolio of patents related to software,” says the article. But many of these patents are now being challenged and this troll has nothing but patents. Many, except perhaps one, are being invalidated. 2 days ago Watchtroll used this Microsoft-connected troll to prop up the perception of software patents doing well, obviously relying on just one patent that endured scrutiny and ignoring all the rest. Another patent maximalist did the same thing, again obsessing over the use of a Microsoft case (Enfish) to defend one single software patent. To quote:

One distinguishing feature is its procedural posture: Blue Coat did not present an Alice challenge at the pleadings stage or in a summary judgment motion as have most Alice cases. Rather, it affirmed a district court’s post-trial denial of a JMOL motion. The standard of review was still de novo, but the Federal Circuit was faced with a fully litigated patent case, including claim constructions that significantly added to the few, very broad, very general terms used in the patent claims, where a jury had made a damages finding. And Finjan, the patentee, is a practicing entity [sic] that pioneered the patented technology. Although unspoken, these distinctions are relevant in the real world: the Court had the full benefit of claim construction and a contrary result would have overturned a completed trial and judgment won by a practicing entity. Nevertheless, such factors are likely not enough, singly or in combination, to explain the outcome.

The real news here, as we noted before (e.g. a week ago), is that Finjan is unable to extract as much in ‘protection’ money as it once hoped. Alice squashes many of its patents and with imminent cases/decisions there’s expectation of this troll’s collapse.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. When Twitter Protects Abusers and Abuse (and Twitter's Sponsors)

    Twitter is an out-of-control censorship machine and it should be treated accordingly even by those who merely "read" or "follow" Twitter accounts; Twitter is a filter, not a news/media platform or even means of communication



  2. IRC Proceedings: Tuesday, January 18, 2022

    IRC logs for Tuesday, January 18, 2022



  3. Links 19/1/2022: Wine 7.x Era Begins and Istio 1.12.2 is Out

    Links for the day



  4. Another Video IBM Does Not Want You to Watch

    It seems very much possible that IBM (or someone close to IBM) is trying to purge me from Twitter, so let’s examine what they may be trying to distract from. As we put it 2 years ago, "Watson" is a lot more offensive than those supposedly offensive words IBM is working to purge; think about those hundreds of Red Hat workers who are black and were never told about ethnic purges of blacks facilitated by IBM (their new boss).



  5. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  6. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  7. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  8. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day



  9. Links 18/1/2022: GNOME 42 Alpha and KStars 3.5.7

    Links for the day



  10. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



  11. Links 17/1/2022: More Microsoft-Connected FUD Against Linux as Its Share Continues to Fall

    Links for the day



  12. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  13. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day



  14. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022



  15. Links 17/1/2022: postmarketOS 21.12 Service Pack 1 and Mumble 1.4 Released

    Links for the day



  16. [Meme] Gemini Space (or Geminispace): From 441 Working Capsules to 1,600 Working Capsules in Just 12 Months

    Gemini space now boasts 1,600 working capsules, a massive growth compared to last January, as we noted the other day (1,600 is now official)



  17. [Meme] European Patent Office Space

    The EPO maintains a culture of illegal surveillance, inherited from Benoît Battistelli and taken to a whole new level by António Campinos



  18. Gemini Rings (Like Webrings) and Shared Spaces in Geminspace

    Much like the Web of 20+ years ago, Gemini lets online communities — real communities (not abused tenants, groomed to be ‘monetised’ like in Facebook or Flickr) — form networks, guilds, and rings



  19. Links 16/1/2022: Latte Dock 0.11 and librest 0.9.0

    Links for the day



  20. The Corporate Cabal (and Spy Agencies-Enabled Monopolies) Engages in Raiding of the Free Software Community and Hacker Culture

    In an overt attack on the people who actually did all the work — the geeks who built excellent software to be gradually privatised through the Linux Foundation (a sort of price-fixing and openwashing cartel for shared interests of proprietary software firms) — is receiving more widespread condemnation; even the OSI has been bribed to become a part-time Microsoft outsourcer as organisations are easier to corrupt than communities



  21. EPO's Web Site Constantly Spammed by Lies About Privacy While EPO Breaks the Law and Outsources Data to the United States

    The António Campinos-led EPO works for imperialism, it not only protects the rich; sadly, António’s father isn’t alive anymore and surely he would blast his son for doing what he does to progress his career while lying to staff and European citizens



  22. Links 16/1/2022: Tsunami and Patents

    Links for the day



  23. IRC Proceedings: Saturday, January 15, 2022

    IRC logs for Saturday, January 15, 2022



  24. Links 16/1/2022: Year of the GNU/Linux Desktop and Catch-up With Patent Misinformation

    Links for the day



  25. Patrick Breyer, Unlike Most German Politicians, Highlights the Fact That Unified Patent Court (UPC) and Unitary Patent Are Incompatible With EU Law

    A longtime critic of EPO abuses (under both Benoît Battistelli and António Campinos leadership), as well as a vocal critic of software patents, steps in to point out the very obvious



  26. Links 15/1/2022: Flameshot 11.0 and Libvirt 8.0

    Links for the day



  27. Blogging and Microblogging in Geminispace With Gemini Protocol

    Writing one’s thoughts and other things in Geminispace — even without setting up a Gemini server — is totally possible; gateways and services do exist for this purpose



  28. Links 15/1/2022: Raspberry Pi in Business

    Links for the day



  29. IRC Proceedings: Friday, January 14, 2022

    IRC logs for Friday, January 14, 2022



  30. Gemini Clients: Comparing Moonlander, Telescope, Amfora, Kristall, and Lagrange (Newer and Older)

    There are many independent implementations of clients (similar to Web browsers) that deal with Gemini protocol and today we compare them visually, using Techrights as a test case/capsule


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts