Bonum Certa Men Certa

Thomas Massie and Marcy Kaptur Are Promoting the Interests of Patent Trolls and Patent Lawyers While Calling That “Innovation”

“Innovation” does not mean bullying firms which actually invent and make stuff

Patent Trolls: Evidence from Targeted Firms



Summary: Remarks on the ongoing effort to promote patent trolls' interests under the guise of "helping small businesses" -- a very misleading propaganda pattern that we have been finding in Unified Patent Court (UPC) lobbying at the EPO

THE low quality of patents granted by the USPTO for a number of decades (still valid, expiry may take 2 decades) has meant that patent trolls lay their hands on software patents, which they can then use to blackmail small businesses (without even a court/legal challenge). Small businesses are harmed the most because of their lack of access to justice (simple matter of economics).

"Small businesses are harmed the most because of their lack of access to justice (simple matter of economics)."Recently, the patent trolls' lobby, IAM, advertised a huge patent troll called iPEL. The troll tries to market itself as the very opposite of what it is, calling itself "ethical" (even trademarking it!) and portraying itself as an ally of small businesses.

IAM's Jacob Schindler continues to play along with this scam, having published yet more nonsense for this troll earlier this week. To quote:

The recent launch of a new NPE, iPEL, caused more than a few raised eyebrows among experienced licensing operators. “Who is this guy?” seemed to be the collective response to iPEL’s co-founder Brian Yates who, in launching his new business, has come out swinging for the monetisation fences. His bold talk of a China-focused licensing strategy, backed by a large portfolio of assets from several of the biggest Chinese tech players and a $100 million kitty to play with courtesy of a hedge fund investor, has clearly grabbed a lot of attention.


They're trying the anti-China angle, but in reality it's just an elaborate plot to tax everyone using patents. IAM seems to have acted like a "media partner" of this elaborate plot, having spoken directly to the people behind this troll, lowered its paywall to increase exposure, and repeated the marketing lies.

"They're trying the anti-China angle, but in reality it's just an elaborate plot to tax everyone using patents."The reality behind patent trolls was explored in a very recent paper from Lauren Cohen (Harvard Business School; National Bureau of Economic Research (NBER)), Umit G. Gurun (University of Texas at Dallas) and Scott Duke Kominers (Harvard University). It's titled "Patent Trolls: Evidence from Targeted Firms", noting that these trolls have "become effective at bringing frivolous lawsuits" (harms small businesses the most because they cannot afford justice, it's just too expensive and settlement is a lot cheaper). To quote the abstract:

We develop a theoretical model of, and provide the first large-sample evidence on, the behavior and impact of non-practicing entities (NPEs) in the intellectual property space. Our model shows that NPE litigation can reduce infringement and support small inventors. However, the model also shows that as NPEs become effective at bringing frivolous lawsuits, the resulting defense costs inefficiently crowd out firms that, absent NPEs, would produce welfare-enhancing innovations without engaging in infringement. Our empirical analysis shows that on average, NPEs behave as opportunistic patent trolls. NPEs sue cash-rich firms ― a one standard deviation increase in cash holdings roughly doubles a firm's chance of being targeted by NPE litigation. We find moreover that NPEs target cash unrelated to the alleged infringement at essentially the same frequency as they target cash related to the alleged infringement. By contrast, cash is neither a key driver of intellectual property lawsuits by practicing entities (e.g., IBM and Intel), nor of any other type of litigation against firms. We find further suggestive evidence of NPE opportunism, such as forum shopping and targeting of firms that have reduced ability to defend themselves against litigation. We find that NPE litigation has a real negative impact on innovation at targeted firms: firms substantially reduce their innovative activity after settling with NPEs (or losing to them in court). Moreover, we neither find any markers of significant NPE pass-through to end innovators, nor of a positive impact of NPEs on innovation in the industries in which they are most prevalent.


In view of all this, consider the so-called 'reform' proposed by Thomas Massie and Marcy Kaptur, who generally push if not lobby to promote software patents and abolish the Patent Trial and Appeal Board (PTAB).

"In view of all this, consider the so-called 'reform' proposed by Thomas Massie and Marcy Kaptur, who generally push if not lobby to promote software patents and abolish the Patent Trial and Appeal Board (PTAB)."Now see the article "NSBA supports patent system reform measure" by Douglas Clark, promoted by Patently-O again and by various patent trolls (as noted in [1, 2]) for NSBA. It says:

NSBA officials said the Restoring America’s Leadership In Innovation Act, which was introduced by Reps. Thomas Massie (R-KY) and Marcy Kaptur (D-OH), is a necessary, small-business friendly alternative to other harmful patent reform initiatives currently pending before Congress.

[...]

In 2011, Congress passed and President Obama signed into law the America Invents Act (AIA), which the NSBA said resulted in negative side-effects for small-business innovators and limited their ability to protect their patents from infringement.


Actually, the biggest victims of software patents and litigation are small businesses. PTAB is of much use to them (they can even crowdsource/crowdfund an inter partes review (IPR)), so NSBA either does not understand how the patent system works or enlisted many of the parasites (like trolls) as members.

"The interests promoted by him aren't industry's or even innovation; he's attempting to change the law in favour of the litigation 'industry', i.e. those preying on actual scientists and holding innovation back."Sadly, the likes of Massie and Kaptur might actually believe that they are helping, boosted by these lies about US lost leadership in "innovation" -- a myth further perpetuated (disappointingly) by IP Watch yesterday. Amplifying WIPO and its new propaganda (whose purpose seems to be increasing patents and billionaires' protectionist laws), IP Watch speaks of something called "Global Innovation Index 2018". How was it measured? Patents?

Either way, if Massie can call himself a scientist (check out his professional background), he will reassess what he's doing here. The interests promoted by him aren't industry's or even innovation; he's attempting to change the law in favour of the litigation 'industry', i.e. those preying on actual scientists and holding innovation back.

Recent Techrights' Posts

Rust Propaganda Now Amplified by Slopfarms Powered by Microsoft LLMs, Encouraging the Outsourcing of GNU/Linux Distros to Microsoft/GitHub/NSA (and a Shift Away From GPL/Copyleft)
Moving to Microsoft GitHub and adopting unfinished, untested code for highly critical bits
IBM is Rotting With "Zero Internal Jobs" and Many PIPs (Performance Improvement Plans) on the Way, Typically a Fast Track Towards Layoffs Without Severance
At risk of giving air(time) to tribal sentiments, the internal joke at IBM is that to IBM "AI" stands for "All Indian"
The Gerstnerisation of Microsoft: Seventh Wave of Microsoft Layoffs (Over 20,000 to be Cut) Allegedly Going to Start Shortly, Probably Start of Next Week, Microsoft Spreads Chaff and Noise Before the Big Axes Fall
we might be looking at about 50,000 people that Microsoft gets rid of this year
GNU (and the FSF) Still Changing the World
Today, in 2025, GNU powers almost everything
Military-Grade Anti-Linux Microsoft Propaganda Using Microsoft LLMs in Fake 'News' Sites (Slopfarms)
This is part of a pattern
 
"Victory Day" - Part II: Abject Defeat to Hypocrites and Objectionable People Who Strangle Women Whilst on Microsoft's Payroll
Someone is going to have to pay for this; it won't be us
Links 09/05/2025: Inflation Rising and Rights to Protest Curtailed Some More
Links for the day
Gemini Links 09/05/2025: Good and Evil, LLMs Made the Web Worse Yet Again
Links for the day
European Patent Office (EPO) Faked "Revenue Expansion" by Granting Loads of Invalid, Illegal Patents; Staff Still Wants to Know Where That Money Went
Only about 30% of the EPO's patents are for EU entities/people
Links 09/05/2025: TeleMessage Blunder, More Distractions From Impending Mass Layoffs at Microsoft
Links for the day
Links 09/05/2025: Analog Computer and First time at FOSDEM
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 08, 2025
IRC logs for Thursday, May 08, 2025
Links 08/05/2025: Mass Layoffs at Google Again, India/Pakistan Tensions Continue to Grow, New Pope (US) Selected
Links for the day
"Victory Day" - Part I: That is the Day Microsofters Who Assault Women Pay for Their Actions in Foreign Land (Using "Guns for Hire" Who Attack Their Own Country for American Dollars)
Adding a friend from Microsoft to the docket didn't help
Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
Gemini Links 08/05/2025: Practical Gemini Use Case, Shutdown of the Blanket Fort Webring
Links for the day
Links 08/05/2025: "Slop Presidency", US Government Defunds Public Broadcasting
Links for the day
Lasse Fister, Organiser of Libre Graphics Meeting, Points Out the Code of Conduct is Likely Violated by the Same People Who Promote Codes of Conduct (and Then Bully Him Into Cancelling a Keynote)
I am starting to see Lasse Fister as another victim
LLM Slop Attacks Not Only Sites of Free Software Projects But Also Bug Reporting Systems (Time-wasting, in Effect "DDoS")
Microsoft, the leading purveyor and promoter of slop, is a cancer
The Richard Stallman (RMS) "European Tour" Carries on In Spite of the Nuremberg Incident
Some people spoke about how they saw yesterday's talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 07, 2025
IRC logs for Wednesday, May 07, 2025
The CoC Means the Founder of GNU/Linux Cannot Talk and a 72-Year-Old Man With Cancer is Somehow a "Safety" Risk?
Those who don't like RMS are not forced to attend his talks
Gemini Links 07/05/2025: A Shopping Spree and Digital Gardening
Links for the day
Links 07/05/2025: Pegasus Guilty and a Path Towards EU Without Russian Energy
Links for the day
People Used to Talk
If pets can live a measurably happy life without gadgets and "apps", why can't humans?
Outsourcing GNU/Linux to Microsoft GitHub Promoted by Microsoft LLM Slop and Army Officers
Something doesn't seem right
Weaponisation of For-Profit Dockets - Part III: No More Media Lawsuits From Brett Wilson LLP This Year, One Can Only Guess Why
People leak a lot of material to Techrights because they know, based on the track record, that the sources will be protected and whatever gets published will stay online, in full, no matter how stubborn an effort (even lawsuits and blackmail) will be sent its way
Gemini Links 07/05/2025: Adopting GrapheneOS, Further Enshittification of Flickr
Links for the day
Links 07/05/2025: CISA Gutted, Debt-Saddled (Likely Insolvent) 'Open' 'AI' (Proprietary Slop) Faking Its Financial State Again
Links for the day
Finland, Lithuania, and Latvia Fortify Their Digital Border With GNU/Linux
This month's data from statCounter is particularly interesting near the Baltic Sea
The European Patent Office (EPO) Has a Very Profound Corruption Issue, Far More Urgent an Issue Than Pronouns
a rather long document
Richard Stallman Gives Public Talk at Technical University of Liberec, Czech Republic
"For programs that you could run, and for network services that could do your own computing, under what circumstances is it reasonable to trust them?"
Today We Turn 18.5
The eighteenth "and a half" anniversary
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 06, 2025
IRC logs for Tuesday, May 06, 2025