Bonum Certa Men Certa

The Future of Patent Trolls in the US Will Also Determine Europe's

Sisvel



Summary: A quick update about patent trolls and what the latest developments may mean to their operations in the United States and Europe

THE UPC threatened to bring yet more patent trolls to Europe (patent professionals admit this), but thankfully the UPC is not happening, albeit few patent trolls thrive in Europe even without it (here is an example from London in 2015).



Patent aggressors and trolls have come a long way in the US. Last year we wrote about yet more of those infamous patent raids in US-based expos. These "bans" would serve only to discourage participation, wouldn't they? These turned out to have been frivolous and actual items got confiscated with little or no (minimal) legal basis. Is the same kind of thing coming to Europe as well? Sisvel already operates in Europe and this Sunday column from IAM's editor says we "can also expect all kinds of entity – operating and non-operating - to be keeping a close look-out for potential IP infringements. With this in mind, the Barcelona courts have developed a fast-track protocol that, in some circumstances, enables rights owners to obtain preliminary injunctions preventing the exhibit of allegedly infringing items."

Are they seriously trying to rush something that would typically take days if not weeks/months to properly assess? Is this a notorious case of "shoot first, ask questions later"?

As in the case of Sisvel, these practices are extremely controversial. Sisvel is not a company, it's a kind of Mafia. They work not for companies but for aggressors; they're trolls, they're shells. They're just a front for other people or large corporations. There is this new article in the news which speaks of patent trolls as follows:

Many companies still benefit from patents—including the whole industry of “non-practicing entities” (NPEs, sometimes called “patent trolls”). NPEs are companies that attempt to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art. Normally, NPEs do not actually manufacture products or supply services based upon the patents they attempt to enforce. This has caused such a problem that even the U.S. government has complained: “An analysis of recent research...suggests that a substantial amount of patent litigation in the United States, often with little substantive merit, often arises from certain types of NPEs.”

So even those working for traditional intellectual-property-loving corporations are told not to look at the patent literature when innovating, as it could weaken their legal arguments in anticipated lawsuits. This essentially handcuffs innovators to searching for 20-year-old (or older) patents if they even look at the patent database at all. To search for patents that have expired, you can simply set a T-20 year period at the USPTO search or Google Patents.


Will Michelle Lee carry on with reforms that tackle patent trolling? Will the US Supreme Court finally put an end to the trolls' capital, where capital punishment still exists? If Donald Trump capitulates and surrenders to the patent maximalists (for example if he appoints people like Rader to top positions), then it's going to be yet another negative sign for US-based software companies. According to today's non-update from Patently-O, it is still not known for sure whether Lee can carry on with the good progress she has made. To quote: "Apart from the two positions that require Senate confirmation (Secretary and Deputy), the only top commerce department position not filled by either an acting chief or appointee is Undersecretary of Intellectual Property and USPTO Director."

If Lee squashes all software patents and trolls, they are unlikely to ever spread to Europe, maybe only to China (their new breeding ground).

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
[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
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