Bonum Certa Men Certa

High Cost of Erroneous Patent Grants

Patents granted in the absence of economic rationale/basis can be a heavy burden on society

On patent externality



Summary: An in-depth look, courtesy of the Computer and Communications Industry Association, into the cost of invalid patents being granted, then used extrajudicially against small companies that cannot afford a challenge or have little financial incentive to do so

THE migration/emergence of patent trolls to/in Europe is real. We have pointed this out many times (I also heard stories like that, e.g. over the telephone). It will never make it into the press because extortion rackets rely on silence; a lot of this is due to reckless patent offices that grant bogus patents, not realising how much pain these patents may cause to many people. Battistelli's latest lies and distraction from decreased patent quality symbolises the sort of sycophancy which endangers the EPO.



But this post is not about the EPO. It'a actually about this long new article from the CCIA (Computer and Communications Industry Association) and it focuses on the USPTO, whose low-quality patent grants cost the American economy a lot of money. Here are some portions from this article:

The Cost Of Bad Patents: It’s Not Just The Lawsuit



The cost of bad patents is not just the cost of lawsuits.

This may seem obvious, but apparently it isn’t. I’ve recently noticed a trend from the anti-reform lobby: someone testifies in front of Congress about patent reform, they complain that “they’ve only been sued once or twice, why are they being asked to testify, what would they know?” They base their dismissal of the witnesses’ experience purely on the number of times that they’ve been sued. If you haven’t been sued enough times, in the mind of the anti-reform lobby, then you don’t know anything.

But any patent attorney with any experience knows that just isn’t true.

Most Assertion Activity Doesn’t Show Up In Court

At the DOJ/FTC hearing on Patent Assertion Entities back in 2012, Colleen Chien provided two estimates of the number of times a company will see a demand based on a patent compared to the number of times they see a lawsuit. A general estimate, provided by a sell-side patent broker (i.e., someone who sells patents for a living) is that there are between 25 and 50 patent demands made for each lawsuit actually filed. Another, based on the behavior of a real NPE, noted that the NPE sent out more than 8,000 demand letters, but only filed 26 lawsuits. That’s 307 demand letters for each filed lawsuit.

These demand letters are essentially invisible—they don’t show up in court and companies rarely publicize them. In other words, there’s a lot more than just lawsuits. You can face trolls any number of times without ever actually having a suit filed against you.

And it’ll cost you a meaningful amount of money every single time.

[...]

Even if you’re successful in convincing the other side that they don’t have a case, you’re still out the money and the time. You’ve still paid for the privilege of not having a lawsuit filed against you, and you’ve still learned about how trolls (and the Eastern District of Texas) operate.

None of which will ever show up in a lawsuit—or in the news.


The above mentions, notably, Conversant (MOSAID), which is particularly malicious. It pays IAM and receives puff pieces from IAM, but in reality it's a litigation machine lubricated in part by Microsoft and Nokia.

We must always remember that for each lawsuit we publicly see/hear about there may be lots of shakedowns (in the above example, there's one lawsuit per 307 demand letters). It's good for the patent microcosm, which wants to then jump to the 'rescue' (from the mess it contributed to). Problem-solution business model.

Here is an article from yesterday that's titled "What to do if you’re accused of patent infringement"; law firms keep selling their services (Katherine A. Hamer and Nathan E. Whitlock in this case) and for each of these demand letters they can make a lot of money at both ends (accuser/sender and accused/recipient). The patent microcosm makes money not just from the party suing/threatening but also the recipient of the threats/defendant. It's obscene.

In the US, being merely accused of patent infringement can cost one dearly (anyone can accuse anyone else and it's now done extensively by copyright trolls too). It's a ruinous thing and it should not be tolerated. As the promotional article from yesterday puts it:

Just as you are looking forward to the weekend, you receive a cease-and-desist letter accusing your company of patent infringement. Or, worse, you receive a summons and complaint. You have been sued. There goes the weekend.

As CEO, CTO or in-house lawyer, you may have only cursory experience with patents. It never occurred to you that what you sell could have been patented by others. And, until now, you had never heard of the company that owns the patent. What do you do?


Basically, pay some law firm. That's the advice of law firms. And as CCIA points out, the whole thing can end up costing thousands of dollars if not tens of thousands of dollars even without it reaching a court.

Patent grants come at a high cost -- a societal and collective cost. Patent offices and examiners hopefully realise the nature of this externality.

Recent Techrights' Posts

At the Root of the SLAPPs There Are Matters of GitHub Corruption and Microsoft Competition Crimes
Keep both eyes on the ball; this is about monopoly abuse and attempts to muzzle critics
Open Source Initiative (OSI) Privacy Fiasco in Detail: More on the Complaint, Which Also Points the Finger at Stefano Mafulli and Deb Nicholson
Focus on what they are attempting to distract from
"Linux" Foundation, Besieged by Microsoft, Isn't About Science But Against Science and Against Facts
(and for Microsoft Dogma, Microsoft Domination, Microsoft Money)
IBM Pays IDG's IDC to Market Proprietary Red Hat Enterprise Linux (RHEL) Under the Guise of "Research"
Proprietary RHEL promoted by FUD (Fear, Uncertainty, Doubt or just plain fear-mongering)
Gemini Links 10/04/2025: "Secret of Happiness" and Overthinking POSSE
Links for the day
 
Gemini Links 11/04/2025: Microcosmographia Academica and Ada Language
Links for the day
Links 11/04/2025: "Getting Screamed At" and LLM Crawlers as Vandals Online
Links for the day
Links 11/04/2025: Microsoft Mass Layoffs Again, Zelensky Doubles Down on Claim That Many Chinese Are Fighting for Russia
Links for the day
Slopwatch: A Sea of LLM Slop About SparkyLinux, Kubernetes, Ubuntu, and Linux Kernel
Welcome to the future? The future of the Web?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 10, 2025
IRC logs for Thursday, April 10, 2025
Links 10/04/2025: NNCPNET Email Network, RSS Readers, and IRS as 'Immigration Enforcer'
Links for the day
IBM Layoffs in Markham (Canada) Apparently Still Happening
"Still going on... Got laid off today. TEL Canada, Band 9, 19 years with IBM."
Links 10/04/2025: Fentanylware (TikTok) Perils and Internet Shutdown
Links for the day
Microsoft's "Linux" Foundation Pays Writers to Publish Propaganda and Then LLM Slop Sites (Slopfarms) Repeat the Propaganda, Using Microsoft LLMs
consider the latest LLM slop
Once You Slop You Can't Stop and If You're a Serial Slopper Nobody Will Believe You Really Wrote an Article (Even If You Did)
It's a lot like, "if you're a serial liar people won't believe you even when you say some truth" (or "once a cheater, always a cheater")
Pressing Against SLAPPs (From Americans Who Strangle Women While Microsoft Pays Their Salaries) is a High Priority for Us
We also need to ensure that greedy firms/people that facilitate the SLAPPs get "disbarred" or "struck off"
Mozilla Firefox Already Down to 1% in Brazil
Don't people crave the surveillance and the slop?
Links 10/04/2025: Hardware, Politics, and Internet
Links for the day
Gemini Links 10/04/2025: Creativity and Agitation, Life in the USA, CSS Naked Day 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 09, 2025
IRC logs for Wednesday, April 09, 2025
Alleged Layoffs at IBM Consulting in Australia
IBM loses many government contracts these days
The Rumours Were Likely True: Sixth Wave of Microsoft Mass Layoffs in 2025 (Days After "50" Anniversary and About 5,000 Layoffs)
5 hours ago, by Ashley Stewart
Malware in Proprietary Software - Latest Additions
Original by Free Software Foundation, Inc.
Links 09/04/2025: More Trade Wars and Wars, Chinese Army Troops Found Fighting in Ukraine
Links for the day
Linux Clickbait by Slop
Give it up for Brian Fagioli, the Serial Slopper
IBM and MCC: Layoffs Coming Again to Metro Connect Company Limited (MCC) as Tariffs Bite and IBM's Shares Fall
Blacklists applicable to Chinese suppliers also mean that IBM can no longer cooperate with key partners in Asia
Microsoft's Entire Premise for Its Future Existence Goes Up in Flames
32 minutes ago
GNU/Linux on a High in Colombia
Stereotypes much?
Go Static
Please don't Go(lang) or JavaScript or PHP or...
Techrights Be Like...
K.I.S.S.
Gemini Links 09/04/2025: Autism, Cybersecurity, and LLMs Attacking Services Online
Links for the day
GNU/Linux Would be Measured at Over 5% Globally (by statCounter) Had the Data in India Not Been Changed
GNU/Linux grew a lot in many countries and has expanded since then
Keeping Track of Microsoft Layoffs in 2025
So here's a quick roundup of 2025
The Sixth Anniversary of the Lightweight Alternative to the Web (Gemini Protocol)
Now 11 short of 3,000 active capsules. 65 short of 4,500 total.
Links 09/04/2025: Quartz Fires All Writers (Shutdown, LLM Slop or Slopfarm Instead), "Bitcoin Is Crashing Hard"
Links for the day
People Are Sick of LLM Slop. Offer Them Alternatives.
We never used LLM slop for anything and we never will
Web Surveyor statCounter Sees Apple's macOS Falling From 5.6% to 3.6% in Two Months, It Might Soon be Smaller Than GNU/Linux
Apple's "value" (faked, exaggerated) is back to "pandemic times"
UK House of Lords Recognises the SLAPP Issue in the UK and EFF Pursues "Bill (That) Could Put A Stop To Censorship By Lawsuit" in the US
"A House of Lords inquiry into how the news industry can survive into the future has accused the government of “failing to prioritise” action on strategic lawsuits against public participation (SLAPPs)."
Open Source Initiative (OSI) Privacy Fiasco in Detail: Seeking Class Action Against the OSI
"LETTER SEEKING CLASS ACTION REPRESENTATION"
The Value of Slop, by Alexandre Oliva
Original by Alexandre Oliva
Gemini Links 09/04/2025: Neocities, Tinylogs, and Inter-community Protocols
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 08, 2025
IRC logs for Tuesday, April 08, 2025
You Can Be an A--hole to Women (Even Strangle Women) as Long as You Work for Microsoft
Recalling the Mark Shuttleworth origin story
Canonical is a Proprietary Software Reseller With a 'Debian Base'
"Canonical Ubuntu" is just Debian with some proprietary things sold on top of it