Bonum Certa Men Certa

Microsoft-Connected Trolls Like Finjan Are Still Blackmailing Companies That Compete With Microsoft

Phil Hartstein Phil Hartstein, CEO of Finjan (Photo credit: Courtesy), via Times of Israel



Summary: Finjan, a patent troll which pretends to be a legitimate company, continues to shake down legitimate companies for their cash and TC Heartland is currently the best available legal instrument for curtailing patent trolls (litigious tourism)

THERE IS a profound issue when the USPTO grants software patents (it doesn't happen so much anymore) or allows mass reassignment of patents. One particular patent troll, Finjan which is Microsoft-connected and buys patents of other companies in order to bolster the trolling (Microsoft does plenty of that these days), successfully blackmails a real company right after Christmas and then it falsely frames it as "cross-licensing" (whilst hiding the sum paid as 'protection' money by the company, FireEye). It's partly a publicity stunt we suppose; there are many ongoing cases which this troll initiated against similar companies and it wants those companies too to 'settle' (pay 'protection' money). From its press release:



Finjan Holdings, Inc. (Nasdaq:FNJN) and FireEye, Inc. (NASDAQ:FEYE) today announced they entered into Confidential Patent License Agreements on December 29, 2017, whereby the companies resolved all pending litigation matters and granted each other cross-licenses going forward.


Finjan is such a disgusting troll that even former staff/advisers link to Techrights and publicly berate Finjan (which previously paid them a salary). The press (as in mainstream media) barely covers this and the press release is so misleading that we suppose FireEye was forced to go along with it...

Microsoft does the same thing; it blackmails companies and then, as part of the settlement, it's agreed that they will paint the whole thing as amicable. What a load of nonsense. Classic trolling!

What can be done to stop trolling? Well, it may be some time before they're altogether eliminated. Some trolls are so large that they are publicly-traded. One such troll is InterDigital, which was mentioned here last year and most past years, e.g. [1, 2]. Andy Nguyen wrote a fiscal analysis of it, soon to be cited by another troll (Dominion Harbor). It happened just the other day (one troll bragging about another patent troll, InterDigital). Nguyen said:

I’ve put together a small checklist, which I believe provides a ballpark estimate of their financial health status.


Not a single word is said about what InterDigital actually does. It doesn't really do anything. It's a troll. It's a litigation and patent aggression entity.

Anyway, help may be on the way. TC Heartland already limits the operating space of trolls. It restricts their movement. The Federal Circuit Bar Association (FCBA), according to this, already spins this trolls 'killer'. As we noted on the last day of last year, the case 'kills' many trolls and they expect to discuss that a week from now:

The Federal Circuit Bar Association (FCBA) will be offering a program on "The Ramifications of TC Heartland and Recent Decisions About Venue in Patent Cases" on January 10, 2018 from 1:00 pm to 2:15 pm (EST) at the FCBA office in Washington, DC. Andew R. Sommer of Winston & Strawn LLP will moderate a panel consisting of Gregory A. Castanias of Jones Day, Douglas A. Cawley of McKool Smith, Tara D. Elliot of WilmerHale, Richard Rainey of Covington, and Jen Yokoyama, Senior Counsel, Apple Inc. The panel will explore the Supreme Court's decision in TC Heartland LLC v. Kraft Foods Group Brands and the Federal Circuit's decisions in In re Cray and In re Micron and how these decisions are shifting the patent litigation landscape. The panel will also discuss the shift of cases out of Texas and the increase in filings in Delaware, and explore how practice before the district courts has changed in light of TC Heartland.


Notice how many of these represent trolls (e.g. McKool Smith). Expect this to be an echo chamber of trolls/troll apologists and foes of TC Heartland. Quite frankly as usual...

Then there are judges like Gilstrap, which is an utter disgrace to his occupation, not just because he's pro-patent trolls and a patents maximalist but because he's against justice itself (he famously disregards the law and even rulings from the Supreme Court because, according to him, what matters is that he just brings money for his district, which currently depends on attracting trolls). Suffice to say, Gilstrap ignores TC Heartland too and it got pretty serious last year. Politicians are berating Gilstrap and even scolding (calling him "reprehensible").

According to this first post of the year from Patently-O, there are still attempts to identify and exploit ambiguity in TC Heartland:

I previously wrote about Judge Gilstrap’s decision in BigCommerce and the somewhat complex issue of venue in multi-district states. Even though BigCommerce is a Texas corporation, it argues that venue is improper in E.D.Tex. because the company HQ is in Austin (S.D.Tex.). Judge Gilstrap disagreed and now Mark Lemley and his team have filed a petition for writ of mandamus to the Federal Circuit.

[...]

The law of Stonite: In Stonite the Supreme Court was interpreting a prior version of 1400(b), but confirmed that “an inhabitant of the Eastern District of Pennsylvania” could not be sued for patent infringement in the “in the Western District of that State” without a “regular and established place of business” in that Western District. As I previously wrote, a major “problem with Stonite is its cryptic language and that the prior statute used the word ‘inhabitant’ instead of ‘resident.'”


We are still wishing and hoping that the patent system will have patents enforced only in districts that are relevant and only by entities which actually make something (other than litigation). Patents, after all, were justified as facilitators of innovation by information sharing, not as a tool of extortion used by opportunists who never invented anything (other than methods for squeezing patents for money, usually by threatening the most vulnerable).

Recent Techrights' Posts

Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
How the SLAPPs From Microsoft Staff Are Connected to the Corrupt OSI, Whose Majority of Money Comes From Microsoft for Openwashing, LLM Hype, and Whitewashing GPL Violations During Class Action Trial
Let's explain how some of these things are connected
 
What Happened to the Open Source Initiative (OSI) Elections: Missed Deadline
they helped expose a number of other scandals
Links 12/05/2025: Measles Rising and Taliban Outlaws Chess in Afghanistan
Links for the day
Gemini Links 12/05/2025: Advice, Iorist Ethics, and Touchscreens
Links for the day
The Finances of GAFAM Aren't as They Seem
MICROSOFT FINANCIAL PYRAMID revisited
Links 12/05/2025: US Brain Drain and Reminder That "Microsoft's Lobbying Efforts Eclipsed Enron" (Fraud Coverup)
Links for the day
The Enshittification of Royal Mail (Post Office/Postal Services) Continues
Enshittification is a thing, not only in the digital realm
If the Gossip is True, Today Microsoft Has "Large M1 Meetings" to Discuss Almost 30,000 More Microsoft Layoffs in 2025
the claim is that Microsoft is preparing to lay off 10% of its staff
Microsoft Has a Long and Proven History of Funding Meritless Lawsuits Against Rivals and Critics (It Always Backfires)
It also looks like the solicitor used by two Microsofters to SLAPP us is being urgently replaced
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025
Links 11/05/2025: Pyotr Wrangel and Kubernetes With FreeBSD
Links for the day
What Happened to the Open Source Initiative (OSI) Elections: A Moment of Silence and Revisionism Amid US Government Investigation and Community Uproar
Not a word this month
Microsoft Florian Becomes Patent Troll, Arranges to Sue Companies (Extorting Money Out of Them)
From campaigner against software patents to paid Microsoft shill to "FOSS patents" (actually attacking FOSS) to revisionism as "books" (for Microsoft)... and now this
Links 11/05/2025: China's Fentanylware (TikTok) Tells Kids to Vandalise Schools' Chromebooks and Increased Censorship in India
Links for the day
You Need Not Be a Big Company to Defeat Microsoft If You Can Successfully Challenge Its Core "Ideas"
Maybe that's just a sign that the ideas of RMS have become too effective and thus "dangerous"
Gemini Links 11/05/2025: Yeeting Oligarch Tech, Offline Browsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 10, 2025
IRC logs for Saturday, May 10, 2025
One is Simply Doomed to Fail When Working for Violent Men From Microsoft and Attacking Women as Well as People Who Merely Expose Crimes or Report Real Crimes
Imagine saying to people that you "practice law" or "exercise law"
The Tariffs Are Accelerating Microsoft's Decline in China
Judging by the way things are going, there will be considerable adoption of GNU/Linux in years to come, China being one major contributing factor.
Control Your Systems, Control All Your Data
what does it take for us to control our own systems and data?
Misplacing Blame for Security Problems, Sometimes With LLM Slop That Blames "Linux" for Microsoft's Failures
Broken telephones and stochastic parrots beget plenty of Fear, Uncertainty, Doubt (FUD)
Links 10/05/2025: WW2 Revisionism, Further Tit-for-tat in India-Pakistan Conflict
Links for the day
Links 10/05/2025: Germany Considers Smartphone Ban in Schools, Right to Repair Bills
Links for the day
Gemini Links 10/05/2025: Git Server and Great LLM DDoS of 2025
Links for the day
Blizzard/Microsoft Unions Grow Ahead of Mass Layoffs at Microsoft, Apparently Starting Next Week (as Many as 30,000 Workers Laid Off by Year's End)
Microsoft already fired about 5,000-6,000 workers this year by our estimates; that's not counting resignations compelled through pressure (i.e. pushed, did not jump) and contractors
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 09, 2025
IRC logs for Friday, May 09, 2025