Bonum Certa Men Certa

How a Microsoft-Sponsored and IBM-Armed Patent Troll Is Used by Lobbyists of Software Patents

Finjan started suing a lot of companies after Microsoft had paid it in 2005

Microsoft and Finjan



Summary: In an effort to make ۤ 101 seem as though it's tolerant towards software patents, patent law firms and front groups of trolls cherry-pick what they like in the largely-failed lawsuit against Blue Coat Systems

The relatively new euphemism, "public IP companies", is being promoted by patent trolls and their fronts (such as IAM). They keep looking for new identities. Finjan is one such troll -- a troll which has been financially backed by Microsoft for a very long time and last year received more ammunition (from IBM [1, 2]).



Unfortunately, as we noted last week, the patent microcosm uses this troll in order to badmouth ۤ 101 and promote software patents (we shall say more about that in the weekend). For example, a few days ago Dilworth IP's Shin Hee Lee and Anthony D. Sabatelli published this article in which they wholeheartedly embraced a truly disgusting troll. The patent microcosm, i.e. people who profit from agony and litigation, wants to thwart the (near) ban on software patents and it found itself a 'champion':

On January 4th, the U.S. Patent and Trademark Office updated their webpage on subject matter eligibility with two new supplementary documents providing further guidance under 35 U.S.C. ۤ101. The two new documents are useful summaries and references for practitioners and others having an interest in the area.

[...]

On January 10, 2018, the court decided Finjan, Inc. Blue Coat Systems, Inc., where upon de novo review it affirmed a district court finding that the underlying software-based subject matter was indeed patent eligible.


What they choose not to mention are the many patents which ۤ 101 did, in fact, invalidate. They cherry-pick just the one thing that suits them. We predicted they would attempt this (as soon as the decision had been published). We first covered the outcome 13 days ago.

Hours ago IAM also did this puff piece for Finjan (not even remotely an effort at journalism). It starts with repetition of talking points from a press release:

Finjan has already recouped the $2 million it spent on acquiring a small package of patents from IBM last year as part of a deal which saw the cyber security business form a new subsidiary, Finjan Blue. The news emerged as the company announced its results for the fourth quarter and for 2017 as a whole, revealing a big jump in revenues to more than $50 million - including around $15 million in net income. It was, in short, a banner year for one of the small band of public IP companies (PIPCOs) that has thrived despite recent legal and regulatory headwinds in the US.

[...]

At the time of the announcement, Finjan CEO Phil Hartstein revealed that not only would the new subsidiary be looking to license the IP but that it was also interested in how the acquired patents might be able to support its product business, Finjan Mobile. “This deal augments our licensing business but also adds value to the product side,” Hartstein explained to this blog.

But on a recent call with analysts to discuss the latest results, Hartstein disclosed that such had been the licensing interest in the assets that the PIPCO had shifted its efforts “to existing licensing and settlement discussions in a positive way, with revenues allocated into Finjan Blue having already offset the current invested expense”.

The deal with IBM and licensing agreements that Hartstein and his team put in place last year with the likes of FireEye and Sophos reflect Finjan’s progress in monetising its IP, but, as with many PIPCOs, it has been far from all plain sailing. Most recently the Court of Appeals for the Federal Circuit ruled that a large part of a $39 million damages award against Blue Coat had to be remanded back to district court. That was just the latest stage in what is proving to be an extremely convoluted litigation battle between the two companies.


What they describe as "convoluted litigation battle" alluding to "two companies" is actually one company and one troll, where the battle is fought in just one direction (Finjan has no products to actually sue over) and the courts mostly reject the troll's claims. But don't expect IAM et al to tell the full story. They don't tell, they sell. They sell agenda; they're funded by trolls.

Recent Techrights' Posts

GNOME Foundation is in Reliable Hands (Executive Director)
Growing some good in one's garden
'Confidential Computing'? More Like a Giant Back Door.
CacheWarp AMD CPU Attack Grants Root Access in Linux VMs
 
Links 03/12/2023: New 'Hey Hi' (AI) Vapouware and Palantir/NHS Collusion to Spy on Patients Comes Under Legal Challenge
Links for the day
IRC Proceedings: Saturday, December 02, 2023
IRC logs for Saturday, December 02, 2023
Links 03/12/2023: CRISPR as Patented Minefield, Lots of Greenwashing Abound
Links for the day
Over at Tux Machines...
GNU/Linux news
Professor Eben Moglen: In 1991 Richard Stallman Thought GNU/Linux Was Doomed Due to Software Patents
Back when Linus Torvalds was about to release Linux Prof. Moglen and Dr. Stallman had already spent years developing GNU and refining its licence, the GPL, which Linux would later adopt
Montana’s TikTok Ban Was to Protect Free Speech and the United States' First Amendment
TikTok does not embrace Free speech
GNU/Linux Surges to Almost 4% Worldwide on Desktops/Laptops, 2% in Latest Steam Survey (Ubuntu Not the Top Distro)
We've fortunately bet on a winning platform
Links 02/12/2023: ChatGPT Drowns in Bad Press, Censorship Worldwide Increases Some More
Links for the day
Cybercrimes and Online Abuse From Extremists and Militants on a VPN/Tor
A straitjacket or lobotomy won't solve this issue
Links 02/12/2023: Pfizer Sued for Lies About Efficacy, Censorship of Scientific Dissent, More Pfizer Layoffs
Links for the day
Selling Free Software
by Richard Stallman
[Meme] Screenshots of Web Pages (Relevant to One's Article) Are Not Copyright Infringing Anywhere in the World
bullying and hate crimes
IRC Proceedings: Friday, December 01, 2023
IRC logs for Friday, December 01, 2023
A Year of Doing Techrights 'Full Time'
been a year!
Microsoft and Its Boosters Worsen Linux Security
The circus goes on and on
Links 01/12/2023: Facebook Infested With Malicious Campaigns by Imposters, ACLU Gives Advice on Doxxing and Online Harassment
Links for the day
Just Like Its Budget Allocation, the Linux Foundation Devotes About 3% Of Its Latest Newsletter to Linux, Devotes More to Linux's Rivals
It's just exploiting the brand
Links 01/12/2023: Google Invokes Antitrust Against Microsoft
Links for the day
Over at Tux Machines...
GNU/Linux news
UK Government Allowing Microsoft to Take Over Activision Blizzard Will Destroy Jobs
Over 30,000 fired this year? More?
It's Cheaper to Pay Bribes (and Produce Press Releases) Than to Pay Fines (After Lots of Negative Publicity)
Does the UK still have real sovereignty or do corporations from overseas purchase decisions and outcomes?
November 2023 Over With GNU/Linux at All-Time Highs According to statCounter
ChromeOS+GNU/Linux combined are about 7% of the "market"
New Report Provides Numerical Evidence That Google Hired Too Many People From Microsoft (and Became Malicious, Evil, Sociopathic)
"Some 12,018 former Microsoft employees currently work for the search and data giant"
Google: Keep Out, Don't Save Your Files, and Also Let Us Spy on Everything You Do
Do you still trust "clown" storage?
IRC Proceedings: Thursday, November 30, 2023
IRC logs for Thursday, November 30, 2023
Links 01/12/2023: Many Suppressions in Hong Kong and Attempts to Legitimise Illegal and Unconstitutional Fake Patent 'Court' in EU (UPC)
Links for the day