Bonum Certa Men Certa

The Patent Trolls' Lobby Advocates More and More Patent Lawsuits (Litigation 'Industry' Profits)

Gene Quinn



Summary: Trolls' 'front groups' such as IAM and Watchtroll would have us believe that without patent Armageddon we'll be worse off, but the very opposite is true

Patent radicals want an 'industry' of patents and lawsuits rather than actual products. It's quite revealing what agenda they're pursuing. The other day Watchtroll put a slant on a controversial FOSS licence. It is appalling. The patent trolls' lobby (Watchtroll is a key part of it) shows very poor taste. Actual production/development they now dub "efficient infringement" and they ask: "What kind of lawsuits did Facebook find to be frivolous ones? Well, pretty much any lawsuit including a claim for patent infringement..."



"The patent trolls' lobby (Watchtroll is a key part of it) shows very poor taste. Actual production/development they now dub "efficient infringement"..."As if lawsuits, by definition, are a desirable thing. They're not. They're a last resort and better off avoided in the area of software (except when copyrights are involved and differences cannot be settled amicably). On another day Watchtroll published this piece titled "Patent-Based Financings: Unlocking Licensing Revenues While Mitigating IP Monetization Risks" (a pile of nonsensical euphemisms from Michael Gulliford, Fatih Ozluturk , Salomon Kamalodine and Michael Guzman). They say "[p]atent monetization has become nearly impossible for middle-market technology companies without engaging in some level of legal action."

Well, legal actions too -- especially in the area of software -- turn out to be a waste of time, money, and productivity.

"As if lawsuits, by definition, are a desirable thing. They're not."What else have they got? Snap/quick injunctions? Blackmail by financial sanctions?

TiVo, which uses patents for embargo wars through the International [sic] Trade Commission (ITC), has just managed to get "licensing" deals with a bunch of large firms. As Fierce Cable put it a few days ago:

TiVo said that it has signed patent-licensing agreements with AT&T, Liberty Global and Sony for Sony’s PlayStation Vue service. However, the company’s patent-licensing battle with Comcast remains ongoing, though TiVo executives said they expect the International Trade Commission (ITC) to issue a definitive ruling on the issue by Thursday of next week.

[...]

Nonetheless, TiVo’s Carson said yesterday that the company remains hopeful that the ITC will issue a final ruling that would require Comcast to become a TiVo licensee. “We remain hopeful that the ITC will affirm the key aspects from the initial determination, including the exclusion order barring Comcast from importing infringing products,” he said.


So basically, they use the threats of embargo to extract money. The EPO is pursuing something similar with the UPC. Boards (as in appeal boards) are being marginalised and costly litigation is seen as the only way forward. To quote a new comment regarding the Boards:

In older days, in Germany, equivalents were considered under the heading novelty. At least in EPO practice, equivalents are excluded when it comes to novelty. And that is why we have a coherent set of case law from the Boards.

I dare think of the consequences if this would not be any longer the case. Then the all set of decisions of the BA on novelty, priority, added matter would become obsolete.

Where would we end with the certainty presently found in the case law of the Boards being put aside?


Now that the Boards have been set aside (in Haar) we can expect the likes of TiVo to proceed to litigation with low-quality (and sometimes software) patents. Will embargo attempts come? We are already seeing it in Germany. Trolls' activity is soaring there.

We have already named other firms that are doing what TiVo likes to do. Recently, Qualcomm and Cisco did that. Apple and Arista were their targets of embargo, respectively. Who benefits from such embargoes? Certainly not the public. Apple, for its own part, has done things similarly to Qualcomm. This Web site which exists only to glorify and adore Apple's patents (which are typically nonsense) shows some of Apple's latest stockpiling. Who will Apple target next (as sales of its key products gradually diminish)?

"Who will Apple target next (as sales of its key products gradually diminish)?"We remain worried that the influence of the US patent microcosm is spreading to Europe (our previous post was a reminder of that). Here in Europe software patents are already being granted by the EPO; they just get framed as "hardware". It's not a new trick. "CrossLayer™ technology enables software and hardware ecosystems to be deployed on-site at the building," this press release said a few days ago. They also use buzzwords like "cloud" (in the headline) and they basically brag about a patent application. That's the sole purpose of this press release.

Sooner or later, if granted a patent in Europe, they could become another TiVo, i.e. a serial litigator.

Recent Techrights' Posts

Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026