09.16.18

Patent Trolls Are Still Active and Microsoft is Closely Connected to Many of Them

Posted in Microsoft, Patents at 4:55 am by Dr. Roy Schestowitz

Still connected

Summary: A roundup of patent trolls’ actions in the United States; Microsoft is connected to a notably high number of these

THE software patents granted by the USPTO often travel or find their way into the hands of trolls such as Intellectual Ventures (IV) with its notorious proxies like ‘offspring’ trolls (for ‘enforcement’ i.e. lawsuits and shakedown). IV isn’t just Microsoft-funded; it’s also funded by Bill Gates, headed by his close friend, and led by former Microsoft executives. It’s everything one needs to know about the ‘new’ Microsoft.

Watchtroll’s post about IV’s latest defeat in court was composed by Robert Schaffer, Joseph Robinson and Dustin Weeks. The case was previously covered by Watchtroll and in Techrights as well. James Korenchan from Patent Docs said this a few days ago:

Last week, in yet another patent case before Judge Rodney Gilstrap of the U.S. District Court for the Eastern District of Texas Marshall Division, the Court ruled that Defendants T Mobile USA, Inc. and T-Mobile US, Inc. (collectively, “T-Mobile”) failed to show that a claim related to packet scheduling is patent ineligible under 35 U.S.C. § 101.

T-Mobile had moved to dismiss claim 109 of U.S. Patent. No. RE46,206 (the ’206 patent) (a reissue of U.S. Patent No. 7,251,218) as directed to ineligible subject matter. In addition, T-Mobile, as well as Defendants Ericsson Inc. and Telefonaktiebolaget LM Ericsson, moved to dismiss all claims of U.S. Patent No. 7,359,971 and claim 1 of the ’206 patent as barred by issue preclusion. The Court carried the motion under issue preclusion grounds but denied the motion as to patent eligibility.

35 U.S.C. § 101 thankfully stepped in, but in the Eastern District of Texas the outcomes aren’t so predictable. Expect this to carry on for some time…

There are many other trolls that are connected to Microsoft. Interval Licensing, for instance, is a patent troll of Microsoft’s co-founder and it recently resurfaced in some headlines. One patent maximalist picked on Judge Plager for this: “There was a funny moment during the oral argument of Interval Licensing, LLC v. AOL, Inc. last December when Judge Plager explained why his law clerk was just an abstract idea…”

Another Microsoft proxy was mentioned by Nasdaq the other day in anticipation of a “Mini-Trial December 10, 2018″ against Juniper Network. Finjan is a patent troll that has Microsoft behind it (as backer and funder). There’s also Cisco, a rival of Juniper Network.

It is just too difficult to ignore the fact that Microsoft is responsible for a feeding frenzy, sending money and patents into the laps of notorious and active patent trolls while offering ‘protection’ from these trolls. This racket has been bundled or lumped into Azure [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20].

Over the past week there have been also troll stories that have nothing to do with Microsoft. Here are software patents in action again… in the US. Note that the target in this case was Azure Farms (not Microsoft):

Farm victim of ‘patent troll’ lawsuit

The vaguely threatening letter over alleged patent infringement that Azure Farms received last year didn’t make much of an impression on David Stelzer.

Stelzer, the company’s founder and CEO, consulted with his information technology employees, who assumed the letter was a scam.

“I didn’t give it a second thought,” he said.

Now, the Oregon company is the defendant in a lawsuit that alleges its online website for selling organic food and other products has violated a patent for automated financial transactions owned by Landmark Technology LLC of San Diego, Calif.

Stelzer said his website isn’t much different from multitudes of others that sell products online, making him think the plaintiff has filed a “nuisance lawsuit” aimed at a quick settlement.

Azure Farms, based in Dufur, Ore., doesn’t have deep pockets to hire expensive attorneys, which is perhaps why the company was targeted, he said.

“I have no clue what they are after,” said Stelzer, who farms nearly 2,000 acres. “They’re basically saying because we have a working website, we have patent violations.”

Another troll lawsuit was covered by Dennis Crouch a few days ago. It’s about Blackbird Tech LLC, which is a malicious patent troll we wrote a great deal about in the past. Having failed with software patents they now try again with fluorescent patents:

Blackbird Tech’s US patent at issue (7,086,747) is directed to an LED light fixture designed to retro-fit to the space of old tubular fluorescent light fixture having a ballast cover. The claims particularly require a “housing having an attachment surface.”

[..]

In the original panel decision, Judge Moore penned the majority decision and was joined by Chief Judge Prost. Judge Reyna filed a dissent — concluding that the “attachment surface” limitation is an element of the claimed retrofit function of the invention and should be attachable to something in the old housing. Judge Reyna writes: “The plain language of claim 12, read in the context of the specification, implicitly requires that the attachment surface be secured to the ballast cover to achieve the retrofit function.”

The basic debate here stems from the reality that the canons of construction conflict with one another. The unfortunate result though is the old-fallback that claims mean what the Federal Circuit says they mean.

Crouch’s complaints (and sometimes rude remarks) about the Federal Circuit is a subject we explored before and will revisit later this weekend. He is particularly upset that the Patent Trial and Appeal Board’s (PTAB) decisions are so often affirmed by the Federal Circuit (after referrals/appeals emanating from inter partes reviews).

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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2018/09/16/patent-trolls-interval-iv/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Richard Stallman's Talk About New/er Risks to Free Software (Free as in Freedom-Respecting, Libre)

    Richard M. Stallman (RMS) gave the above talk not too long before the attacks on him intensified greatly, serving to silence him for nearly 2 years



  2. Jacques Michel and Willy (Guillaume) Minnoye: Stakeholders in EPO Lawlessness

    Former EPO Vice-Presidents who wish not to be held accountable for what they did in the Office (or be chased after leaving their duties, finishing/ending terms there) are adding fuel to the illegal agenda of an EPOnian regime



  3. Links 15/5/2021: Godot 3.3.1 RC 2 and Pine64 Hardware in Focus

    Links for the day



  4. The EPO's War on Justice and Assault on the Law -- Part 7: Calle's Strange Metamorphosis

    Sources believe the “legal anarchy” that EPOnia became notorious for, especially when it comes to handling referrals at the EPO‘s BoA, will become a dark legacy — a legacy that would, if he was alive, disappoint even Josefsson’s source of inspiration



  5. Making up Law at the EPO

    Another video about the ongoing EPO series and some news/commentary from around the Web



  6. Over a Thousand Videos (or Audio Files) and More Protocols Supported

    From just a Web site (ordinary HTTP/S protocol) we've expanded to alternative channels of communication; this is a quick roundup, with focus on last night's development work (already pushed into our self-hosted Git repository)



  7. IRC Proceedings: Friday, May 14, 2021

    IRC logs for Friday, May 14, 2021



  8. Nathan Proctor: Right to Repair and the DMCA

    LibrePlanet 2019 video



  9. [Meme] Calle Calling...

    The values of the Habermasian EPO judge depend on who’s paying the salary



  10. The EPO's War on Justice and Assault on the Law -- Part 6: The Habermasian Who Warned About “Legal Anarchy”

    The political orientation of a Benoît Battistelli-appointed EPO judge who has the audacity to talk about legal anarchy and bemoan abuse of the law; the António Campinos administration extended his term until (at least) 2027



  11. Paid-for Plugs and Coordinated Marketing Fluff (PR Campaigns) Are Ruining 'Linux' Sites

    Junk 'articles' (just marketing disguised as 'news') spoil the World Wide Web; companies repeat the same sales pitch over and over again, sometimes leveraging what they perceive to be avenues read by geeks



  12. Links 15/5/2021: GCC 8.5, Fedora Community Revamp

    Links for the day



  13. Links 14/5/2021: FreeBSD on the Pine H6, Red Hat Hiring

    Links for the day



  14. Protecting Freenode is Protecting the Free Software Movement

    Freenode may seem like a negligible corner of the Internet, which media never bothers mentioning at all; but Freenode, which many have come to take for granted, is core infrastructure for many Free software projects and protecting the network is essential for the Free Software Movement



  15. EPO Justice

    Justice in Europe's second-largest institution, where the law itself is a second-class citizen



  16. IRC Proceedings: Thursday, May 13, 2021

    IRC logs for Thursday, May 13, 2021



  17. Understanding How Freenode (IRC) Works -- or Doesn't Work -- in 2021

    There is a conflict going on behind the scenes at Freenode, but there are also sincere and well-meaning attempts to undo the damage and get back to normal



  18. [Meme] Judges the Office Cannot Control Are Just Nazis With Weapons in Their Office...

    The EPO hasn’t been run by grown-ups for over ten years; Benoît Battistelli, António Campinos and their confidants cannot grasp the concept of law, just blind loyalty



  19. The EPO's War on Justice and Assault on the Law -- Part 5: Battistelli's “Swedish Chef”

    The EPO's 'courts' are controlled by the people whom they're supposed to judge on; this has been the case for at least half a decade



  20. Links 14/5/2021: KDE Plasma 5.22 Beta and GNOME 40 in Gentoo

    Links for the day



  21. Audio: “Unjust Computing Clamps Down” by Richard Stallman

    The FSF has finally uploaded the LibrePlanet talk of Richard Stallman



  22. Links 13/5/2021: KDE Gear 21.04.1 and LibreOffice 7.0.6

    Links for the day



  23. The EPO's War on Justice and Assault on the Law -- Part 4: The President of the Boards of Appeal

    A deeper look into the ‘sausage factory’ that is EPO tribunals certainly helps us understand the inherent bias of many decisions, including a recent decision on European software patents like a controversial simulation patent



  24. Judging the Judges

    Today we shall take a closer look at Carl Josefsson, a person who shall become a figure of interest if he sends EPO courts to the United States in clear violation of the EPC (looking to rubber-stamp an unlawful decision already made before this case even started)



  25. When EU Authorities Tell You to Complain to the EPO Itself About EPO Privacy Violations...

    “Kafkaesque” at the EPO; Kafka could do a whole novel about the flirtations with or affairs of ‘justice’ at the EPO



  26. The Need for Reliable Governance at Freenode

    Why the current and high-profile (albeit somewhat covert) owner of the network, who seems to care about Free software (it has made him very wealthy), should put the whole thing in reliable hands and not attempt to 'monetise' it in any way



  27. IRC Proceedings: Wednesday, May 12, 2021

    IRC logs for Wednesday, May 12, 2021



  28. Andrew Lee of Private Internet Access/London Trust Media Increasingly Owns and Controls Freenode (Updatedx2)

    The details about Freenode ownership and control are explained in a resignation letter urging users to move to another network



  29. [Meme] eBPF is Not Microsoft's, But It's Certainly Googlebombed by Microsoft

    eBPF isn't Microsoft's. But sites that work closely with Microsoft keep mentioning that term as if Microsoft created it and champions it (typical tactics).



  30. Links 13/5/2021: OpenSUSE Leap 15.3 on Finer Hardware, AMI Dabbling in Free Firmware

    Links for the day


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