Bonum Certa Men Certa

Patent Trolls Thrive in the United States, Europe Can Keep Them Away

Salamanca



Summary: Patent trolls in the news and some quick remarks about them

THE patent realists, those who actually produce something other than lawsuits, carry on talking about the issues.



Pieter Hintjens, the former president of the FFII, says that "[f]f you naively define "innovation" as "making better products, cheaper", you've not grasped the first thing about patents." Patents are about preventing features from being included and raising costs, too. He adds that "[t]o understand how patents "help innovation" it helps to redefine "innovation" as "making money from patent claims"." Later he quotes himself as saying that "[p]atents [are] a legislative parasite that consumes the industrial base, and replaces it with cartels and trolls." [original]

According to this new article, the trolls epidemic is very real in Texas. To quote the opening paragraph of the story: "The small town of Marshall (population: less than 25,000) in the east Texas part of the Piney Woods forest – famous for wild hog hunting – is the self-proclaimed "Pottery Capital of the World". More recently, however, it has become best known for lawsuits brought by "patent trolls" – companies that apply for or buy up catch-all patents (often from companies forced to liquidate their assets), hunt down other companies with patents that may have a degree of crossover with theirs – and then sue.

"There are office blocks with hundreds of these firms registered in Marshall, home of the US district court for the eastern district of Texas, which has a particularly favourable regime for patent trolls.

"Previously, many personal injury litigation cases were brought in east Texas but a reform of Texas tort law in 2003 put an end to that, leading to the boom in intellectual property (IP) litigation – and the slogan bandied about by lawyers: "From PI to IP"."

This has largely been facilitated by a broken system that permits racketeering from the likes of supertroll Intellectual Ventures and Interval (both with strong Microsoft connections), whose claims are routinely analysed here and elsewhere. Here is the latest about Interval:



The reexaminations of the four Interval Licensing patents continue to move forward with the USPTO examiner issuing a second Action Closing Prosecution, this one on the '682 patent. In this instance the examiner has now confirmed the sole remaining challenged independent claim (two were confirmed at the time the Non-Final Action was issued) and all of the original 13 dependent claims that were challenged. In addition, the examiner has accepted 20 of the 24 dependent claims added by the patent holder during this reexamination. In other words, this reexamination looks like it will result in the complete affirmation of this patent.


According to the FFII's president, things are not getting any better as "Ericsson to turn into a patent troll" as well.

"Any company or manufacturer will need an agreement with Ericsson," to quote this new report which also says:

Ericsson AB, the world’s largest maker of mobile-phone networks, aims to increase revenue from its more than 27,000 patents as devices from toys to energy meters get wireless access, its chief executive officer said.

“By 2015 two thirds of all consumer electronics devices will have some sort of connectivity,” Hans Vestberg said in an interview at the company’s headquarters in Stockholm. “Any company or manufacturer that wants to get in there will need an agreement with Ericsson.”

Ericsson, which helped develop the global system for mobile communications that enables handsets to latch onto networks from London to Jakarta, holds the industry’s largest portfolio of wireless communication patents. Generating more revenue from rights would help smooth out fluctuations in network orders.


Here is another bit of news about patent trolls going after Yelp and Groupon:

On November 7, a little known company called Mobile Commerce Framework (MCF) sued both Groupon and Yelp for patent infringement. Groupon, of recent IPO fame, sells coupons for use at local shops, restaurants, even doctors’ offices. Yelp has become something of a democratized Zagat guide, providing information and reviews of local establishments across the U.S. MCF, a vague enterprise based in California, appears to be a patent troll, or in politically correct terms, a patent-holding entity that does not produce any products. MCF alleges in its respective Groupon and Yelp complaints that both of the young, internet-based companies infringed upon Patent Number 7,693,752, owned by MCF. While patent wars among technology developers is nothing new, what is of particular interest in these cases is the breadth of the patent itself and the mobile device industry at large.


This is of course happening in the US, where patent trolls are very commonplace. The FFII's president warns that the same might happen in Europe if the multinationals and/or patent lawyers get their way. To quote:

EU patent is an example where adoption where EU shows it will do everything possible to boost growth of trolls


There is a formal document linked there. They usually prefer to say "boost the economy" or something along those lines.

Comments

Recent Techrights' Posts

Gemini Links 16/07/2025: Tmux and OCC25 Working TLS
Links for the day
Reboots Should Never be Necessary
"BUT WHAT ABOUT SECURITY!!"
There's Still Hope for the World Wide Web
Let's hope that the trajectory of the Web won't be leading us to over-reliance on Google, nor will it reward worthless slopfarms
 
"We Might Save Somebody's Life"
I follow the example of my father
Why I am Suing the Serial Strangler From Microsoft, Alex Balabhadra Graveley, in the UK High Court This Week
Out of respect to the process and to the Court, I shall not share any pertinent details about the case
Links 16/07/2025: China’s Economy Grows Steadily, France Takes Action Regarding Harm to Children by GAFAM and Fentanylware (TikTok)
Links for the day
It is Not About Politics
Beware the people who try to make this about politics
Good Journalism Saves Lives
a shocking number of women die or get seriously hurt every day due to violence from a partner
Recognition of Women's Contributions to Free Software
Being passive is not an option when bad things are happening
Slopfarms Are Going to Perish Because Public Opinion is Changing
Many slopfarms will simply go offline
19 Years of Standing Up for Justice, Equality, and Truth
This week we shall take it up a notch
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 15, 2025
IRC logs for Tuesday, July 15, 2025
Links 15/07/2025: LLM Pollution and Pushback in Ukraine
Links for the day
Gemini Links 15/07/2025: xkcd, New Cert, and Alhena Gemlog
Links for the day
Links 15/07/2025: Press Freedom at Risk and New Facebook Blunders
Links for the day
Gemini Links 15/07/2025: Smolweb and Alhena 5.1.7
Links for the day
The Danes Want GNU/Linux
David Heinemeier Hansson recently moved to GNU/Linux
Cory Doctorow Explains Why Software Freedom Matters, Whereas "Open Source" Misses the Point and Helps Monopolies
It's a very long article
BillPR (EpsteinGate-Bribed NPR) is Turning Into a Partial Slopfarm that Promotes Slop
"I went on a date with a chatbot!"
Two Weeks Passed Since Latest Large Wave of Microsoft Layoffs, More Expected Next Month
Blaming the debt on "AI" is just self-serving storytelling
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 14, 2025
IRC logs for Monday, July 14, 2025
Gemini Links 15/07/2025: Gemini "Style Sheets" and Switching From Microsoft GitHub to Codeberg
Links for the day
Coming Soon: Another OSI Scandal, This One Implicating Molly de Blanc
OSI has been fairly quiet lately
Outreachy & Debian pregnancy cluster, Meike Reichle evidence
Reprinted with permission from Daniel Pocock
Again, "Lunduke is Actually Sending His Audience to Attack People"
Microsoft Lunduke is not trying to "protect" Linux
XBox is Rapidly Turned Into a Slopfarm by Microsoft
Slop isn't about efficiency and saving money
One of the Most Hilarious Things About the Microsoft SLAPPs
It's so ridiculous
Financial Support for the Free Software Foundation or the GNU Project
The FSF has extended until Friday its fund-raising campaign
Illegally Hiding (or Demanding Secrecy Around) Illegal Requests or Attempts at Extortion
unlawful communications like threats
Microsoft's Halloween Documents and systemd, Wayland, Etc.
Maybe one day Wayland will be widespread. Or maybe not.
Gemini Links 14/07/2025: BOFH Archive, Updating Old Palm PDAS, and Nginx vs Slop Bots
Links for the day
Ubuntu is Becoming GAFAM-Like
What does that say about Canonical and Ubuntu?
Slopfarms Which Take Real Articles About GNU/Linux and Turn Them Into Copycats Which Are False
Even before the LLM hype those were quite common
The Firm That Picks on Techrights is Accustomed to Working With Criminals
Techrights never did anything illegal. So why is it being picked on by people who work with criminals?
Microsoft Said the Mass Layoffs Were for "Investment" in "AI", But It's Also Laying Off the "AI" and "Copilot" Staff
Months ago we showed many so-called "AI" people were getting the boot and this time it's the same
DryDeadFish is Dead, Long Live DryDeadFish
We kept checking, hoping it can recover from some temporary technical issue
For Quite Some Time Already Microsoft Attracts Crackpots, Scams, and More
Occasionally we talk about the situation at IBM as there are many parallels
Links 14/07/2025: Chatbots Broken Again, McHire LLM Shows Limits of the Hype
Links for the day
Changing One's Name Won't Change One's Past
People who have earned a bad reputation are not magically "entitled" to reset
People Who Assault Women Are Not Victims of "Distress"
It seems like an American tradition. In a country with almost 50 presidents, not even one was a female.
Slashdot Media Turned Linux Journal Into a Slopfarm and Now Slashdot Actively Promotes Anti-Linux Slopfarms
Yes, "no-nonsense" apparently means actual nonsense
Adoption of Gemini Protocol Still Growing
Gemini Protocol is being obscured by the media - it doesn't help that Google 'hijacked' the word "Gemini" - but people still manage to find out about it, download a client, and use it
Links 14/07/2025: Arresting Photographers, Threats to Revoke US Citizenship Over Criticism
Links for the day
More EPO Leaks on the Way
We hope that Mr. Rowan will actually try to refute what we say and show, not merely point the finger at the messengers
Decommodification is a Corporate Strategy Against Communities
systemd is led by Microsoft and hosted by Microsoft
copyleft.org 'Hijacked' by the People Who Attack the Person Who Created Copyleft
So far there's nothing "tasteless" in copyleft.org, but that can change at any time in the future
Asking People to Take Down Articles and Videos Only Makes These More Popular and "Viral"
If you do something bad, one of the worst things you can possibly do it try to silence those who speak about it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 13, 2025
IRC logs for Sunday, July 13, 2025
Two-Thirds Towards FSF Goal, Richard Stallman to Give Talks in Europe
There are 67 left before reaching the target
Brett Wilson LLP "Takes it Personal" (Character Assassination, Not Professionalism). Everybody Can See That.
On behalf of violent men
Gemini Links 14/07/2025: Politicised Tech and "Leaving GitHub"
Links for the day