Bonum Certa Men Certa

Canada Has a Patent Trolls Problem and the Federal Government Intends to Start Tackling That

Problem if not epidemic

Federal government to announce ‘patent troll’ crackdown as part of national IP strategy



Summary: Productivity in Canada suffers from a growing abundance/prevalence of patent trolls and to improve productivity the Canadian government seems eager to crack down on this nuisance

THE country north of the United States is very large, but its population is not so large and there aren't many technology firms there (compared to some other countries). Those which are based in Canada, usually in the big cities, are pursuing patents at the USPTO, not CIPO (Canadian Intellectual Property Office), and as many Canadian companies operate in the neighbouring country, the United States, the ramifications of lawsuits are very real. We're not unfamiliar with it. We've covered plenty of examples over the years.



"It can start with WiLAN (mentioned here earlier this year and even about 8 years ago), not to mention BlackBerry."Canada's government is beginning to recognise the issue. It can start with WiLAN (mentioned here earlier this year and even about 8 years ago), not to mention BlackBerry.

Canada, according to the mainstream media, will "announce [a] ‘patent troll’ crackdown as part of national IP [sic] strategy" (that's their headline).

For subscribers only at the time of publication, it's now open access and it says:

The federal government plans to clamp down on “patent trolls” and help train Canadian innovators to compete more effectively against global tech giants as part of its intellectual-property (IP) strategy to be unveiled Thursday.

The strategy, details of which have been obtained by The Globe and Mail, will be announced at an event in Ottawa to commemorate World Intellectual Property Day.

It is already being hailed as a success by former Research In Motion chairman and co-chief executive Jim Balsillie, Canada’s most vocal and persistent advocate for government to step up efforts to equip Canadians with the tools necessary to operate in a global economy increasingly shaped by patented technological advances.

“This is a first step towards an innovation strategy,” said Mr. Balsillie, whose former company settled a lawsuit filed against it by patent holding company NTP Inc. in 2006 by paying NTP US$612.5-million.


The Globe and Mail's report seems rather unique as we did not find similar reports at the time. Like Australia, which has some commonalities with Canada (except the weather), Canada seems to be adopting a saner patent strategy. Productivity should be paramount and trolls clearly and patently reduce productivity.

"Like Australia, which has some commonalities with Canada (except the weather), Canada seems to be adopting a saner patent strategy."Over the past week we've found many news stories about patent activity in Canada -- a lot more than usual in fact.

"Canadian toy maker files patent suit against Mattel in US district court," one report in the Canadian media said. The gist of it:

Canadian toy maker Spin Master Corp. is suing industry giant Mattel, Inc. in California in the next stage of a high-stakes battle to defend its rights to a patented mechanism used in its Bakugan transforming robots.


Canadian news such as this may have become rather common.

Bogus software patents (of Canadian companies) have again shown up in the media. This firm seems to act more like patent trolls, having chosen a big target:

A small Canadian software company on Thursday lost a bid to revive a U.S. patent infringement lawsuit seeking $65 million in damages from remote computing giant Citrix Systems Inc.

The U.S. Court of Appeals for the Federal Circuit affirmed a decision denying a motion for a new trial 01 Communique Laboratory Inc made after a jury found Citrix did not infringe one of its patents, rejecting 01 Communique’s claim that it was prejudiced by the trial judge’s evidentiary rulings.


So CAFC generally and categorically rejected these patents. Software is not patentable. These patents are worthless.

Regarding Toronto-Dominion Bank, see what Canadian media said only yesterday. It is specifically about software patents:

The large number of software patents that TD Bank has made over the past few years leads me to believe that TD Bank is treating the tectonic shift the industry is about to face as an opportunity to get the leg-up on its peers through patented technological applications that will give the company a durable competitive edge over peers that will be inclined to follow suit.

Given the immense disruption that technology is going to have on the financial services industry, TD Bank realizes that to protect its business from disruption, it’s going to need to double-down on tech, whether it’s through filing patents to protect innovative new tech applications or through the acquisition of smaller FinTech firms for their talent pools.


Canadian companies, as we have shown in past years, are already suing in Texas. Very far from the Canadian border; probably as far as one can get from it! Now watch this news about Jim Banowsky from Microsoft becoming General Counsel of AmpThink, which has offices in Dallas (Texas) and Toronto. He has "12 years at Microsoft where he was a Senior Patent Attorney," says the press release. "Jim’s patent work includes extensive experience with software patents..."

"Whatever or whichever side one might take, it's pretty clear that Canada has become fertile ground for hostile sorts of actors, including some of the world's very large patent trolls."Yes, those patents that are worthless and Microsoft uses to extort Linux companies. Microsoft is a criminal enterprise when it comes to patents because it blackmails a lot of companies -- a subject we'll cover in our next post. But remember that Microsoft was sued by the Canadian firm called i4i. So sometimes it's also on the receiving end of so-called 'trolls'.

Whatever or whichever side one might take, it's pretty clear that Canada has become fertile ground for hostile sorts of actors, including some of the world's very large patent trolls. They are not beneficial to Canada and they tarnish their national image.

Recent Techrights' Posts

Amazon Web Services (AWS) Has Layoffs and Microsoft Gaming/Entertainment Division Has an Uncertain Future
it's good to see all those horrible things crashing and burning
 
Diplomatic Immunity Should Not Exist for Anybody
The EPO in its current form gradually 'normalises' the end of European democracy
Brett Wilson LLP Stopped Sending Me Papers When I Showed It had Sent Me Over 5 Kilograms of Legal Papers
A week ago we lodged our third lawsuit
Microsoft Mass Layoffs and Shutdowns Became the New Normal at Microsoft
Microsoft mass layoffs became a topic of everyday media coverage since May
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 21, 2025
IRC logs for Monday, July 21, 2025
FSF "Raised Almost $139,000 During This Summer Campaign"
"Thank you for making a stand against dystopia!"
Gemini Links 22/07/2025: VPS Exploited and Fear of View
Links for the day
LLM Bots vs Techrights
Slows things down a bit
New Publication Sheds Lights on Abuse of Workers at the European Patent Office (EPO)
Put in simple terms, they're killing the Office, harming remaining staff, try to hire rubber-stampers
Links 21/07/2025: Hardware, Health, and Imperialism
Links for the day
Gemini Links 21/07/2025: "When Buying Isn't Owning" and "CMS Special Edition"
Links for the day
Links 21/07/2025: Indie Web and Toxic Politics
Links for the day
[Meme] Microsoft Lawyers Throwing Stones in Glass Houses
threatened me with bankruptcy
Google "AI Overview" is Not AI and Not Overview
do not be misled; what Google does isn't smart, it's just ripping off the sites it already crawled for as long as 27 years
Making the Case to Dump Microsoft and GAFAM for National and Digital Sovereignty
"Sovereignty is difficult"
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
Fragmentation of Data
Life is too short to "hoard" data
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed
Are You Served?
For many people, advocacy of Free software and GPL enforcement are assumed to be happening
Conspiracy or grooming? Alex Jurado, Voice of Reason compared to Outreachy
Reprinted with permission from Daniel Pocock
Links 20/07/2025: Security Breaches and Former 'Open' 'AI' Engineer on Hype and Culture Issues
Links for the day
Links 20/07/2025: Fending Off BRICS and US Government Attacks Its Own Media (Like China and Russia)
Links for the day
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Ageism in Tech
Your protocol is "old"...
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025