Bonum Certa Men Certa

The Future of Patent Trolls in the US Will Also Determine Europe's

Sisvel



Summary: A quick update about patent trolls and what the latest developments may mean to their operations in the United States and Europe

THE UPC threatened to bring yet more patent trolls to Europe (patent professionals admit this), but thankfully the UPC is not happening, albeit few patent trolls thrive in Europe even without it (here is an example from London in 2015).



Patent aggressors and trolls have come a long way in the US. Last year we wrote about yet more of those infamous patent raids in US-based expos. These "bans" would serve only to discourage participation, wouldn't they? These turned out to have been frivolous and actual items got confiscated with little or no (minimal) legal basis. Is the same kind of thing coming to Europe as well? Sisvel already operates in Europe and this Sunday column from IAM's editor says we "can also expect all kinds of entity – operating and non-operating - to be keeping a close look-out for potential IP infringements. With this in mind, the Barcelona courts have developed a fast-track protocol that, in some circumstances, enables rights owners to obtain preliminary injunctions preventing the exhibit of allegedly infringing items."

Are they seriously trying to rush something that would typically take days if not weeks/months to properly assess? Is this a notorious case of "shoot first, ask questions later"?

As in the case of Sisvel, these practices are extremely controversial. Sisvel is not a company, it's a kind of Mafia. They work not for companies but for aggressors; they're trolls, they're shells. They're just a front for other people or large corporations. There is this new article in the news which speaks of patent trolls as follows:

Many companies still benefit from patents—including the whole industry of “non-practicing entities” (NPEs, sometimes called “patent trolls”). NPEs are companies that attempt to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art. Normally, NPEs do not actually manufacture products or supply services based upon the patents they attempt to enforce. This has caused such a problem that even the U.S. government has complained: “An analysis of recent research...suggests that a substantial amount of patent litigation in the United States, often with little substantive merit, often arises from certain types of NPEs.”

So even those working for traditional intellectual-property-loving corporations are told not to look at the patent literature when innovating, as it could weaken their legal arguments in anticipated lawsuits. This essentially handcuffs innovators to searching for 20-year-old (or older) patents if they even look at the patent database at all. To search for patents that have expired, you can simply set a T-20 year period at the USPTO search or Google Patents.


Will Michelle Lee carry on with reforms that tackle patent trolling? Will the US Supreme Court finally put an end to the trolls' capital, where capital punishment still exists? If Donald Trump capitulates and surrenders to the patent maximalists (for example if he appoints people like Rader to top positions), then it's going to be yet another negative sign for US-based software companies. According to today's non-update from Patently-O, it is still not known for sure whether Lee can carry on with the good progress she has made. To quote: "Apart from the two positions that require Senate confirmation (Secretary and Deputy), the only top commerce department position not filled by either an acting chief or appointee is Undersecretary of Intellectual Property and USPTO Director."

If Lee squashes all software patents and trolls, they are unlikely to ever spread to Europe, maybe only to China (their new breeding ground).

Recent Techrights' Posts

GNU/Linux Reaches All-Time High in Europe (at 6%)
many in Europe chose to explore something else, something freedom-respecting
Techrights' Statement on Code of Censorship (CoC) and Kent Overstreet: This Was the Real Purpose of Censorship Agreements All Along
Bombing people is OK (if you sponsor the key organisations), opposing bombings is not (a CoC in a nutshell)
 
Technology: rights or responsibilities? - Part VIII
By Dr. Andy Farnell
Patents Against Energy Sources That Reduce Pollution
this EV space (not just charging) is a patent mine field and it has long been that way
DARPA’s Information Innovation Office, Howard Shrobe, Values Compartmentalisation But Loses the Opportunity to Promote GNU/Linux and BSDs
All in all, he misses an opportunity
Wayland is an Alternative to X
the alternative to X (as in Twitter) isn't social control media but something like IRC
BetaNews, Desperate for Clicks, is Pushing Donald Trump Spam Created by LLMs (Slop)
Big clap to Brian Fagioli for stuffing a "tech" site with Trump spam (not the first time he uses LLMs to do this)
[Meme] Social Control Media Bliss
"My tree is bigger than yours"
Links 24/11/2024: More IMF Bailouts and Net Client Freedom
Links for the day
Gemini Links 24/11/2024: Being a Student and Digital Downsizing
Links for the day
[Meme] The Most Liberal Company
"Insurrection? What insurrection?"
apple.com Traffic Down Over 7%, Says One Spyware Firm; Apple's Liabilities Increased Over 6% to $308,030,000,000
Apple is also about 120 billion dollars in debt
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 23, 2024
IRC logs for Saturday, November 23, 2024
[Meme] GAFAMfox
Mozilla Firefox in a state of extreme distress
Google Can Kill Mozilla Any Time It Wants
That gives Google far too much power over its rival... There are already many sites that refuse to work with Firefox or explicitly say Firefox isn't supported
Free (as in Freedom) Software Helps Tackle the Software Liability Issue, It Lets Users Exercise Greater Control Over Programs
Microsofters have been trying to ban or exclude Free software
In the US, Patent Laws Are Up for Sale
This problem is a lot bigger than just patents
ESET Finds Rootkits, Does Not Explain How They Get Installed, Media Says It Means "Previously Unknown Linux Backdoors" (Useful Distraction From CALEA and CALEA2)
FUD watch
Techdirt Loses Its Objectivity in Pursuit of Money
The more concerning aspects are coverage of GAFAM and Microsoft in particular
Links 23/11/2024: Press Sold to Vultures, New LLM Blunders
Links for the day
Links 23/11/2024: "Relationship with Oneself" and Yretek.com is Back
Links for the day
Links 23/11/2024: "Real World" Cracked and UK Online Safety Act is Law
Links for the day
Links 23/11/2024: Celebrating Proprietary Bluesky (False Choice, Same Issues) and Software Patents Squashed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 22, 2024
IRC logs for Friday, November 22, 2024
Gemini Links 23/11/2024: 150 Day Streak in Duolingo and ICBMs
Links for the day
Links 22/11/2024: Dynamic Pricing Practice and Monopoly Abuses
Links for the day
Topics We Lacked Time to Cover
Due to a Microsoft event (an annual malware fest for lobbying and marketing purposes) there was also a lot of Microsoft propaganda
Microsofters Try to Defund the Free Software Foundation (by Attacking Its Founder This Week) and They Tell People to Instead Give Money to Microsoft Front Groups
Microsoft people try to outspend their critics and harass them
[Meme] EPO for the Kids' Future (or Lack of It)
Patents can last two decades and grow with (or catch up with) the kids
EPO Education: Workers Resort to Legal Actions (Many Cases) Against the Administration
At the moment the casualties of EPO corruption include the EPO's own staff
Gemini Links 22/11/2024: ChromeOS, Search Engines, Regular Expressions
Links for the day
This Month is the 11th Month of This Year With Mass Layoffs at Microsoft (So Far It's Happening Every Month This Year, More Announced Hours Ago)
Now they even admit it
Links 22/11/2024: Software Patents Squashed, Russia Starts Using ICBMs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 21, 2024
IRC logs for Thursday, November 21, 2024