Bonum Certa Men Certa

Patent Trolls Update: Eolas, Conversant (MOSAID), Leigh Rothschild, and Electronic Communication Technologies

Boris Teksler keeps hopping from one troll to another

Boris Teksler Credit: Japanese media



Summary: Patent trolls are still being watched -- as they ought to be -- even though some of them shy away, hide from the media, engage in dirty tricks, and file more lawsuits

THIS coming week we intend to start publishing a long series about the EPO. We therefore lack time to thoroughly write about each and every single patent thing in the US. This post is a quick outline of patent trolls of interest, all of which are based in the US.



We start this with McKool Smith, a law firm that's notorious for helping patent trolls. We have mentioned it a lot over the years and this new post says that it got caught in a violation, this time when it represented Eolas (also covered here many times before). To quote:

This one is fun for me, since I teach civil procedure, patents, and ethics, and have written about prosecution bars way too much.

Prosecution bars are used when a court concludes that, although the usual rule is that lawyers will abide by provisions in a protective order that say “don’t use information disclosed in this suit for any other purpose,” there’s a risk that a lawyer will, perhaps even inadvertently, misuse the opposing party’s information disclosed in discovery because of work the lawyer does for his client. Here, in a case Eolas (represented by McKool) filed for its client against Amazon (and others), it seems that as part of the protective order, McKool agreed that its lawyers were in such a position — they were prosecuting patents for Eolas in similar technologies, presumably, to what was involved in the suit — and so the protective order provided that no McKool lawyer who received certain categories of confidential information from Amazon would prosecute patents for Eolas in those fields, for a time.

And there is the issue: how long? The protective order stated (in part — I’d want to see the entire thing to really understand this), that the bar expired “one (1) year following the entry of a final non-appealable judgment…”

Eolas lost at trial, and the Federal Circuit affirmed and entered judgment on July 22, 2013.

If the one year date runs from there — which I so far think it does — then it expired on July 22, 2014. And it was only after that date that McKool lawyers allegedly violated the prosecution bar.


In other news, this time about Conversant (used to be known as MOSAID, weaponised and emboldened by Microsoft), this is what IAM wrote a few days ago:

Patent pools in the wireless space have not enjoyed much success but the recent news that Lenovo, Verizon and Conversant have signed up as licensors in Via’s LTE pool suggests that, at the very least, this licensing collective for fourth generation mobile technology needs to be taken seriously. The three new members join a list of patent owners that already includes AT&T, China Mobile Communications Corporation, Google and NTT DOCOMO.

[...]

Teksler, who left his position as CEO of Unwired Planet in 2016 after it was acquired by Optis UP and was an adviser to Via prior to joining Conversant, identified increased transparency and predictability in the licensing process as one motivation for joining the LTE pool. He also claimed that, “historically, pools worked well with various audio and video standards and it is time that they were made to work again”.


Boris Teksler's move was mentioned here before. What this article fails to say is that Conversant is a patent troll -- one of the worst of its kind.

Next up we have Leigh Rothschild. On September 11th, a rather special day in the US, Leigh Rothschild, who is a patent troll we wrote about before, sued yet another real (producing) company called GoSpotCheck. It's a small company from Denver. To quote the report from 3 days ago:

GoSpotCheck this week got a nod usually bestowed on tech giants like Oracle and Apple.

The distinction? All three have been sued by Leigh Rothschild.

In a federal court case filed this week, Rothschild, via his company Rothschild Digital Confirmation, claims that GoSpotCheck, which makes software used by field reps, violated a 2008 patent for attaching a timestamp and location data to an image.

GoSpotCheck “has directly infringed” Rothschild’s patent, the lawsuit alleges, and “will continue to do so unless enjoined by this court.” Rothschild says the company “has suffered monetary damages and is entitled to a monetary judgment” as a result.

GoSpotCheck CEO Matt Talbot said he had no knowledge of Rothschild’s patent, and called the complaint baseless.


Last but not least, the EFF is taking on/challenging more patent trolls, having recently defeated others. Here the introduction to the latest target:

Since 1992, Fairytale Brownies has sold delicious brownies based on a secret family recipe. It’s a small business founded by two childhood friends who were quick to see the potential of the Internet and registered the domain www.brownies.com in 1995. Fairytale Brownies became an e-commerce website before the first dot-com boom and has remained in business ever since.

But earlier this year, Fairytale Brownies received a surprising letter. The letter said its e-commerce website infringes U.S. Patent No. 9,373,261 (“the ’261 patent”). The ’261 patent is owned by Electronic Communication Technologies, LLC (“ECT”), a company that was previously known as Eclipse IP. We have written about it many times before.

What is the technology claimed by the patent?

Generally, ECT states that it patented “unique solutions to minimize hacker’s impacts when mimicking order confirmations and shipment notification emails.” From what we can tell, it claims to have invented sending an automated email in response to an online order, that contains personally identifiable information (“PII”). ECT claims that including PII allows customers to know that the email is not a “phishing” email or “part of an email fraud system,” and as a consequence customers will know to trust the links in the email.


Alice will probably squash this one easily. All it takes is money (which the EFF has). Will it put an end to this racket?

Recent Techrights' Posts

Before the "Big Tech" (That Almost Everybody is Forced to Use) Was Controlled by Men Who Hate Women
Such rejection and even hatred of women qualifies/enshrines oneself as an "incel"- a dangerous and violent online cult
Enshittification More Than a Century Ago
Is enshittification more than a century old?
GNU in 1991 (35 Years Ago): Compiler and Lots More Ready, Linux Now Becoming 'Vibe Heap' (Slop Replaces Real Code)
Without curbs in place, many Linux developers will flee
SLAPP Censorship - Part 147 Out of 200: The SLAPP Series is 'Slow' Because Timing Matters
It is important to stress that after this series is finished there will be many more series, with some of them showing raw evidence of what we've been illuminating and telling
The Slop ('Linux') Foundation Celebrates 35 'Linux' Years a Week After GNU/Linux Turns 43
they'll keep on trying to change history
FOSSY (SFC) Platforming GAFAM, Sells Endorsement
Houston, we have a problem here
 
Links 12/08/2026: "X’s Advertising Business Continues to Tank", "Stop Feeding the Billionaires"
Links for the day
Lack of Empathy Rampant in the Sector
Sociopaths are sociopaths. They cannot help themselves
In Defence of Hoarding CDs, More So When Digital Restrictions (DRM) Come to More 'Content' and Even Offline/Physical Media Won't Work When Some Remote Server Says "No" (or Goes Offline)
made to serve and entertain owners, not to allow companies like Sony and Microsoft subjugate owners
Clownflare: In Finland, Birthplace of Linux Kernel, GNU/Linux Now Bigger Than Apple's MacOS
It's not just in Finland where we see such trends
More Mass Layoffs Due to Monumental Debt Excused as "Investment" (in Slop)
They're maxing up the private debt and their country is already insolvent
METRO Interviews Daniel Pocock a Day Before Election
The article is behind a wall that blocks people who block ads
Company-Wide 'Reorg' ('Redundancies') at IBM, Mark October 1st 2026 in the Calendar
Is Oct 1 the new Apr 1?
Even ZDNet Accepts That "Market Share" of GNU/Linux May Have Doubled on Desktops and Laptops
GNU/Linux is definitely growing, and quite quickly in fact
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 11, 2026
IRC logs for Tuesday, August 11, 2026
Microsoft Layoffs and Shutdowns Continue This August, Morale Low, Employees Set Up Giant Inflatable Rat to Protest Against CEO
nothing demonstrates their anger better than what they did to the CEO
Gemini Links 12/08/2026: Sophomore Slump, Mandatory Phone Addiction, and Vintage Web Game Gallery
Links for the day
Summer Layoffs and 'Redundancies' (Cost-Cutting) at Microsoft and IBM
IBM is merely buying its revenue - an unsustainable strategy that aims to hide the company's rapid decline
Links 11/08/2026: Tensions South of China and Stingy "YouTube Doubles the Eligibility Requirements" (to Get Paid)
Links for the day
The Independent (UK) Today: "Independent candidate Daniel Pocock is concerned about media issues."
Let's see what results say around Friday
Gemini Links 11/08/2026: Stargate, Stargazer, Air-gapped Environments, and SystemVerilog Simulator
Links for the day
Keumars Afifi-Sabet Produces Useful, Informative Coverage Regarding Privacy
And it's good for Richard Stallman
Confirmed: Microsoft Layoffs in August 2026, Entire Operations Shut Down Too
Microsoft is just bleeding
Paying With Cash in 2026
Cash isn't going away. Not any time soon.
Blocking Tor Is Not a Solution, It's Paranoia
Tor is not a crime
Oligarchs and Their Footsoldiers Are Most Enthusiastically Loud About the Things They're Attacking
Like "Microsoft loves Linux"
Not Allowing Misogyny and Misogynists to Run the World
We stand with (and for) equality, justice, and freedom
"SPONSORED EXPLAINER" at The Register MS is Just More SPAM "Sponsored by HPE."
This is a great example of crap 'journalism'
IBM Won't Hire (or Hardly Hire) This Year
IBM is bluffing with buzzwords while shrinking out of existence and reducing salaries
SLAPP Censorship - Part 146 Out of 200: An Industry of Plagiarism, 'Normalised'
they pursue personal enrichment by stealing from Free software developers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 10, 2026
IRC logs for Monday, August 10, 2026
5.1k Capsules Known to Lupa, Gemini Protocol Crawler
If no limits (e.g. 10k max per capsule) were imposed on crawling, there would likely be millions of pages in the database
Gemini Links 11/08/2026: Waking Up Earlier, Whining About LLMs as Destructive Plagiarism
Links for the day
Links 11/08/2026: "The Enemy Is the Platform" and 'Vibe' 'Coding' Shown to be Little But Plagiarism
Links for the day
IBM's Age Discrimination Leads Workers to Contemplate Suicide While the CEO Becomes Billionaire for Lying to the Press and Faking Performance (Fraudulent Accounting)
IBM avoids issuing WARM notices
If Your Software Project Welcomes Bots, Then All You'll Have Left at the End Is Bots (Same for Sites Which Permit LLM Slop; They End up as Slopfarms and No Human Wants to Contribute Anymore)
A "slippery slop."
Clownflare Affirms Disturbing Trend of Web Monoculture (Which Extents to Clownflare Itself)
Clownflare itself is another layer of the same problem
The Open Web Is Not Coming Back
the open Web going out of control
Tell Me Something I Don't Know
Those who have a stake in the secrecy would do anything to maintain secrecy
Gemini Links 10/08/2026: Recollections and Washing Machine That Only Last a Few Years
Links for the day
Claims of Mass Layoffs at IBM (in Finance)
IBM tries hard to maintain an illusion of normality - to the point of viciously censoring critics and whistleblowers.
The Slop Bubble (Pyramid Scheme) is Becoming Bigger and Everyone Should be Terrified (Its Implosion Will Cause More Damage)
there's no plan for a turnaround
Microsoft and Apple Lose Ground to GNU/Linux in the United States
This contributes a lot to the international curve
Escaping Ads
When users do not want ads, then no ads should show up, period
For Second Year in a Row Software Freedom Conservancy (SFC) Loses Money (Over $3,000,000 Lost in 2 Years), Bradley M Kuhn Steps Down as Treasurer
lost almost $600,000 last year
Microsoft/GAFAM Operating at a Loss
Microsoft has financial problems
Nigel Farage crisis: Taylor Swift & Jeffrey Epstein both shunned cryptocurrency bosses
Reprinted with permission from Daniel Pocock
statCounter Now Sees GNU/Linux "Market Share Worldwide" at 9.21%, Soon 10%
If this data is more or less accurate, it's time for panic at Microsoft
Rumours of Impending Mass Layoffs in IBM's Yorktown Office, Impacting the LLM (Slop) Staff
Bubbles never last forever, hence their name
Links 10/08/2026: "Long COVID Linked to Lasting Damage in The Brain's Dopamine System", Microsoft’s Weather App Uses Over 1,000 Megabytes of RAM
Links for the day
Software Freedom Conservancy (SFC) Does Not Support Women, It Imitates Authentic Organisations, Embraces Misogynists, Then Projects
They try to monetise for personal gain at the expense of unpaid volunteers
When You're Evil and You're Publicly Attacking Something, That Something Will Become More Popular
when an oppressor becomes openly oppressive and does anything to squash/censor critics, the outcome will typically be detrimental to the oppressor
Links 10/08/2026: "Against Oligarch" and "The Invisible Women"
Links for the day
Social Control Media Deathwatch: After Nearly a Million Posts Sent EchoFeed Shuts Down
EchoFeed is hardly unique
When the LLM Chatbots Industry (Trillions in the Red) Quits Paying the Media for FOMO
fear of missing out, or FOMO for short
Microsoft Killing Morale
branding the process “inhumane” and “demoralizing”
Google's "AI Overview" as Proprietary Censorship Engine and Gatekeeper
People do not choose to use this, Google is just shoving that in people's faces, encouraging laziness and misinformation
SLAPP Censorship - Part 145 Out of 200: They Tried Hard to Hide the Fact Their Client Had Been Sued, Twice Even
A month ago Brett Wilson LLP tried to take my wife "to the side" (in effect isolated) to make her an offer
statCounter: GNU/Linux Up to 8.95% Globally
So the estimates are being "corrected" upwards, not downwards
Explaining How Someone Attempted to Cancel RMS This Year (and Failed)
The process itself involved debunking some falsehoods
Microsoft's "XBOX Ranks Last", IBM is Headed for Extinction
If Microsoft cannot dominate its own "home turf", what prospects are there elsewhere?
DebConf6 fight denied by Google artificial intelligence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 09, 2026
IRC logs for Sunday, August 09, 2026
Gemini Links 10/08/2026: A Mild Monday, Sleepy Saturday, OUYA, and Moving to GNU/Linux
Links for the day