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

[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
 
Reminder: Richard Stallman's Talk is This Week in Paris (and in French)
Defending rms isn't the same as defending everything he has ever said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 11, 2024
IRC logs for Saturday, May 11, 2024
Online Bullying (Trying to Make People Unhappy)
Narcissists and bullies behind mice and keyboards, no honesty or fact-checking required
Talk About Software Freedom
"Linux" and "BSD" may mean a lot to more and more people, but they're still just brands or acronyms
Windows in South Korea: From 98.5% in 2010 to About 30% (Android Rises to Almost 50%)
Samsung ships like a million Linux devices per day
Improving Site Navigation for Easier Discovery and Catch-ups
This site is run by code we wrote ourselves
LibrePlanet 2024 Recordings
Let's hope independent recordings by viewers can help recovery of "lost talks" (recordings)
GNU/Linux Reaches 11% Market Share in the United States Of America - an All-Time High
The United States Of America is where the operating system started (Boston) and where Linus Torvalds works (Portland)
Links 11/05/2024: XBox Crisis, Spotify Exodus Continues
Links for the day
Gemini Links 11/05/2024: Why to Delete GitHub
Links for the day
In Europe, Bing Fell Every Month This Year, Lost a Considerable Share Since "Bing Chat" and All the Chatbot Hype
Microsoft's Bing has had many layoffs lately
Links 11/05/2024: Analysis of the Microsoft Crisis and Backdoor-Looking Bugs
Links for the day
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year
Gemini Links 10/05/2024: Love Is Infinite and Books vs Internet
Links for the day
Links 10/05/2024: Fears Over TSMC, Microsoft Loses Major Patent Case
Links for the day
Links 10/05/2024: Burner Phones in 6-Eyes Government, “Hatred and Demonization” on the Rise
Links for the day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
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
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.
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
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