Bonum Certa Men Certa

Patent Trolls in the United States Increasingly Target Small Businesses Which Cannot Challenge Their Likely-Invalid Software Patents

Most of the patent 'assertion' (shakedown) activity never becomes visible to the press/public

SXSW on Patent Trolls



Summary: South by Southwest (SXSW Conference/Festivals in Austin, Texas) has a presentation about patent trolls, whose general message may be reaffirmed by recent legal actions in Texas and outside Texas

THE reforms leading to stricter examination at the USPTO (it's a lot harder to get software patents these days, let alone enforce them) has paid off for large companies. They very often beat trolls in court. That in its own right is a deterrent. But what happens when these trolls manage to avoid the courts and even PTAB altogether?



There's this new presentation this week (yesterday) that notes the following. Slide 16 says:

A shift in troll activity?



From high-profile cases against large entities with large damage demands…

… to large numbers of low-profile letters and lawsuits against small/medium size companies more likely to settle for nuisance value.

Still within the top three issues for startups.


Why did this new presentation (from a law firm together with Engine presenting some data) titled "The Persistence of Patent Trolls in Tech" get twisted (by patent maximalists) as "Is There Still a Patent Troll Problem"? They continue to attempt to deny that there is a problem because they themselves are connected to patent trolls.

Earlier today we found this new report about fraudulent lawsuits:

A New Jersey sports memorabilia dealer on Friday asked a federal judge for attorneys’ fees as sanctions following the Federal Circuit’s ruling that a payment processor’s suit seeking a declaration it didn’t infringe the dealer’s purported interactive software patents was frivolous.

In a motion, Eric Inselberg and his company, Inselberg Interactive LLC, said payments processor First Data Corp.’s unsuccessful action was filed in bad faith because Inselberg didn’t even own the patents at issue...


It is far from the first time we see this being done; we covered more such examples as recently as a couple of months back. Should it not be considered a crime (such as blackmail) to assert rights that you know you don't have?

There are other new stories this week, as well as old ones such as Watchtroll covering one week late how InterDigital bought Technicolor's patents on the cheap.

The Texas-based Portal Communications sued Apple in the Eastern District of Texas. Looks like a patent troll to us, having covered it over the weekend, based on an Apple advocacy site. Here's WIPR's coverage, which frames this as a 'monetisation' effort (a technical person passing the patents to a litigation front):

The three patents, US numbers 7,376,645; 7,873,654; and 8,150,872, are all called “Multimodal natural language query system and architecture for processing voice and proximity-based queries”.

According to the claim, the patents were developed by inventor Dave Bernard and were assigned to Portal Communications.


Why isn't Bernard himself suing? It seems to have become so common to just sue through shells, some of which don't even have an office, just some registration somewhere (typically LLC). There's another lawsuit against Apple in the headlines, such as ParkerVision, Inc. v Apple Inc. et al in Docket Navigator. Yesterday it wrote about litigation-friendly places/venues (such as the Eastern District of Texas above) being dodged by defendants. After TC Heartland businesses will likely decide to abandon presence in venues that sought to attract patent trolls. As the Docket Report put it:

The court overruled defendant's objection to the magistrate judge's recommendation to deny its motion to transfer for improper venue because defendant had a regular and established place of business in the district through its office that closed a few weeks before plaintiff filed suit.


It's worth noting that the above case isn't in Texas, which already lost more than half of its 'share' in lawsuits (right after TC Heartland). States that harbour trolls will soon discover that they also repel actual companies which employ locals; more so after TC Heartland. Better fix/amend their state policies?

Recent Techrights' Posts

Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
 
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter