Bonum Certa Men Certa

IBM Has Become More of a Patent Broker Rather Than a Genuine Technology Company

Monster



Summary: IBM is becoming a lot more like Intellectual Ventures, namely a patent hoarder (tens of thousands of patents) looking to 'monetise' these patents using lawsuits, threats of lawsuits, feeding (arming) of patent trolls and so on

IBM likes to think of itself as 'king of patents' because for decades it was pursuing a lot of patents, including software patents, which the USPTO granted by the thousands (per year). What isn't so well known, however, is how IBM uses these patents behind the scenes. It's pretty brutal and it got a lot worse in recent years.



"The funny thing is that to people like these the trolls are heroes."Finjan is a very malicious patent troll which was funded by Microsoft and as recently as last year was armed by IBM (IBM gave it patents to help the trolling).

Britton Davis and Max Colice wrote about Finjan yesterday. This troll is still being exploited by Watchtroll, which uses it to make a case for software patents and damages. The funny thing is that to people like these the trolls are heroes. To quote:

Patent damages law is one of the most complex areas in patent law and it is constantly evolving. Attorneys and courts often confuse the principles and get the law wrong. Further, even without the backdrop of constantly evolving and complex damages law, proving damages at trial is one of the hardest aspects of patent litigation. And properly apportioning damages can be one of the most difficult aspects of damages law to get right.

[...]

In Finjan, the Federal Circuit reached the opposite conclusion and remanded the case for failure to properly apportion the royalty base. Finjan, slip op. at 18-19. Finjan’s patent relates to virus detection software and creating a security profile for web addresses. Id. at 18. Finjan accused Blue Coat’s DRTR or “dynamic real-time rating engine” of infringing its patent. Id. The DRTR was itself part of a larger software product called WebPulse that helps companies set internet policies for their employees by categorizing different websites as containing different kinds of content. Id.


Finjan recently announced it financial results, after its stock/shares had collapsed over the years. Very many moons and even years ago Finjan actually had a product; it decided to become a proper patent troll about a decade ago and for IBM to send patents its way is worse than irresponsible; it makes IBM complicit in trolling.

"As Dropbox begins IPO process it has followed a familiar path in buying patents from IBM," IAM wrote yesterday, having published this blog post that also mentions Facebook, Google and Alibaba (they left out HTC). To quote:

Dropbox filed the necessary paperwork for an upcoming IPO late last week, putting it on track to become the latest tech unicorn to go public. It is also on the long list of high-profile, multi-billion dollar start-ups that have acquired patent assets from IBM in the years leading up to a listing.

The file sharing business acquired 63 US patents and applications from IBM in 2016 in a transaction that was recorded on the USPTO assignment database last September. It has also bought assets from Intellectual Ventures, file-sharing rival SugaSync and, in a 2014 deal, picked up a portfolio of 105 US assets from Sony.


It's quite likely that at least some of these patents would be worthless though; a lot of these are being invalided nowadays by PTAB.

We weren't quite aware that Dropbox patents were also being bought from Microsoft's patent 'broker' (troll) Intellectual Ventures. Now we know one thing that Intellectual Ventures and IBM have in common,

Recent Techrights' Posts

How the SLAPPs From Microsoft Staff Are Connected to the Corrupt OSI, Whose Majority of Money Comes From Microsoft for Openwashing, LLM Hype, and Whitewashing GPL Violations During Class Action Trial
Let's explain how some of these things are connected
 
Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
If the Gossip is True, Today Microsoft Has "Large M1 Meetings" to Discuss Almost 30,000 More Microsoft Layoffs in 2025
the claim is that Microsoft is preparing to lay off 10% of its staff
Microsoft Has a Long and Proven History of Funding Meritless Lawsuits Against Rivals and Critics (It Always Backfires)
It also looks like the solicitor used by two Microsofters to SLAPP us is being urgently replaced
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025
Links 11/05/2025: Pyotr Wrangel and Kubernetes With FreeBSD
Links for the day
What Happened to the Open Source Initiative (OSI) Elections: A Moment of Silence and Revisionism Amid US Government Investigation and Community Uproar
Not a word this month
Microsoft Florian Becomes Patent Troll, Arranges to Sue Companies (Extorting Money Out of Them)
From campaigner against software patents to paid Microsoft shill to "FOSS patents" (actually attacking FOSS) to revisionism as "books" (for Microsoft)... and now this
Links 11/05/2025: China's Fentanylware (TikTok) Tells Kids to Vandalise Schools' Chromebooks and Increased Censorship in India
Links for the day
You Need Not Be a Big Company to Defeat Microsoft If You Can Successfully Challenge Its Core "Ideas"
Maybe that's just a sign that the ideas of RMS have become too effective and thus "dangerous"
Gemini Links 11/05/2025: Yeeting Oligarch Tech, Offline Browsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 10, 2025
IRC logs for Saturday, May 10, 2025
One is Simply Doomed to Fail When Working for Violent Men From Microsoft and Attacking Women as Well as People Who Merely Expose Crimes or Report Real Crimes
Imagine saying to people that you "practice law" or "exercise law"
The Tariffs Are Accelerating Microsoft's Decline in China
Judging by the way things are going, there will be considerable adoption of GNU/Linux in years to come, China being one major contributing factor.
Control Your Systems, Control All Your Data
what does it take for us to control our own systems and data?
Misplacing Blame for Security Problems, Sometimes With LLM Slop That Blames "Linux" for Microsoft's Failures
Broken telephones and stochastic parrots beget plenty of Fear, Uncertainty, Doubt (FUD)
Links 10/05/2025: WW2 Revisionism, Further Tit-for-tat in India-Pakistan Conflict
Links for the day
Links 10/05/2025: Germany Considers Smartphone Ban in Schools, Right to Repair Bills
Links for the day
Gemini Links 10/05/2025: Git Server and Great LLM DDoS of 2025
Links for the day
Blizzard/Microsoft Unions Grow Ahead of Mass Layoffs at Microsoft, Apparently Starting Next Week (as Many as 30,000 Workers Laid Off by Year's End)
Microsoft already fired about 5,000-6,000 workers this year by our estimates; that's not counting resignations compelled through pressure (i.e. pushed, did not jump) and contractors
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 09, 2025
IRC logs for Friday, May 09, 2025