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Intellectual Ventures Tied To 1,300 Shell Companies

dgharmon writes "New research (PDF) shows that Intellectual Ventures is tied to at least 1,300 shell companies whose sole purpose is to coerce real companies into buying patent license that they don't want or need. Those who resist the 'patent trolls' are dragged into nightmarish lawsuits."

41 of 140 comments (clear)

  1. Ah yes, the American dream... by Yvanhoe · · Score: 4, Interesting

    It is strange but many IT entrepreneurs in France don't see the silicon valley as a dreamland. This is a place where you go to get investors, but you certainly don't open a company there. Software patents is really a strategical consideration that make our (moderately) higher tax rates seem a worthy cost.

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    1. Re:Ah yes, the American dream... by Daetrin · · Score: 4, Insightful

      Don't worry, with today's globalization if you don't come to the patent infringement lawsuits, the patent infringement lawsuits will come to you. After all, the fact that neither Samsung nor Apple is a French company hasn't stopped them from suing each other in France (along with everywhere else.)

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      This Space Intentionally Left Blank
    2. Re:Ah yes, the American dream... by phantomfive · · Score: 4, Funny

      It is strange but many IT entrepreneurs in France don't see the silicon valley as a dreamland.

      Ah yes, France, the Mecca of fine IT judgement.

      --
      "First they came for the slanderers and i said nothing."
    3. Re:Ah yes, the American dream... by Yvanhoe · · Score: 2

      Yes, it would be good if you kept your hobbyists on your side of the Atlantic, but as much as I find these lawsuits frivolous, it is worth noticing that these were about design patents, not software patents which are still illegal and untested in France.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    4. Re:Ah yes, the American dream... by Taco+Cowboy · · Score: 4, Interesting

      I built my first company in the Silicon Valley, sold it, build my second company in Silicon Valley, sold it, and build my third company in Asia
       
      Why?
       
      Not because of "cheaper labor", hacking cost is universal, whether it's in Silicon Valley or in Asia
       
      I built my third company in Asia because I could plenty of talents in Asia, while on the other hand, the younger batch who moved to Silicon Valley are there not because of their interest in hacking but because of money - Technology do not progress because of money, technology progress because of people who want to do something different
       

      --
      Muchas Gracias, Señor Edward Snowden !
    5. Re:Ah yes, the American dream... by ShanghaiBill · · Score: 3, Interesting

      It is strange but many IT entrepreneurs in France don't see the silicon valley as a dreamland.

      I live in Silicon Valley, and I know about a dozen current or former French citizens working here. Starting an IT business in France will give you plenty of bureaucracy and taxes, but no protection from patent lawsuits. You can be sued anywhere you do business, and for most IT companies that means worldwide from the very beginning. I started my first company more than twenty years ago, and was surprised when I announced my first product and my first five orders were all from outside the USA.

    6. Re:Ah yes, the American dream... by Splab · · Score: 2

      But those aren't *software* patents.

    7. Re:Ah yes, the American dream... by kelemvor4 · · Score: 2

      You mean how like how in the US the government can take away your business and give the property to some mega-corp with deep government ties via eminent domain?

      How often does this really happen, though?

      You'd be surprised, apparently. There are (numerous) law firms whose sole practice revolves around defending eminent domain defendants. Law firms don't stay in business if there are no citizens to suck dry needing their services.

  2. FTFA by Daetrin · · Score: 4, Funny

    Patent trolling took off after the U.S. Patent and Trademark Office began issuing a flood of questionable âoebusiness methodâ patents related to things like software and, believe it or not, a crustless peanut butter and jelly sandwich. In 2006, lawyers used such a patent to threaten Research in Motion with an injunction against the BlackBerry and extract a $612 million payout.

    Well that's clearly why the BlackBerry has been having trouble in the market, RIM spent too much of their product development time working on sandwiches, and patent infringing sandwiches at that.

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    This Space Intentionally Left Blank
    1. Re:FTFA by game+kid · · Score: 3, Funny

      I agree. They should've used ice cream instead of peanut butter and jelly, before Google could've caught on to that idea.

      --
      You can hold down the "B" button for continuous firing.
    2. Re:FTFA by Smallpond · · Score: 5, Interesting

      Patent trolling took off after the U.S. Patent and Trademark Office began issuing a flood of questionable âoebusiness methodâ patents related to things like software and, believe it or not, a crustless peanut butter and jelly sandwich. In 2006, lawyers used such a patent to threaten Research in Motion with an injunction against the BlackBerry and extract a $612 million payout.

      Well that's clearly why the BlackBerry has been having trouble in the market, RIM spent too much of their product development time working on sandwiches, and patent infringing sandwiches at that.

      Blackberry is an obvious mistake. The crustless PB&J uses strawberry.

      Anyway, why hasn't someone pointed out that Intellectual Ventures was founded by the ex-CTO of Microsoft Nathan Myhrvold and still partners with Microsoft on patent deals. Are all the MS haters asleep?

  3. Old news by jeti · · Score: 4, Informative

    This American Life reported this over a year ago. The podcast is well worth hearing:
    http://www.thisamericanlife.org/radio-archives/episode/441/when-patents-attack/

  4. What happened to the days of hitmen? by Anonymous Coward · · Score: 3, Funny

    This is one person who actually does deserve to die. Painfully.

    You know there is an obvious failure in society when shit people like him can get away with doing so much damage to thousands, possibly even millions of people through the effort that actual decent people were putting in to help the poor.

    Funny how regulators and law get involved when a company is copying other people, but when it is a BLATANTLY obvious troll like this, HE GETS AWAY WITH IT. IN A COURTROOM. WHY?! ARE THESE PEOPLE STUPID? Every single one of those judges should be locked up for being clinically unstable.

    1. Re:What happened to the days of hitmen? by postbigbang · · Score: 4, Funny

      Dude, put down the whiskey now, and stay out of Colorado, k?

      --
      ---- Teach Peace. It's Cheaper Than War.
    2. Re:What happened to the days of hitmen? by ocean_soul · · Score: 3, Insightful

      The trolls very rarely get away with this stuff in a courtroom. Most of the time they settle out of court, because the defendant does not have the resources (in case of a small company) or it's just cheaper for them (in case of larger companies defending). Patent trolls are, most of the time, very scared of actually having to go to court. If this happens they will probably lose. And if they lose a dangerous, at least for them, precedent would be set.

    3. Re:What happened to the days of hitmen? by andydread · · Score: 5, Informative

      Yep .. See Oracle vs Google. If Oracle had asked for a reasonable ransom maybe Google would have just payed it and be done with it. However Oracle asked for billions of dollars and so Google told them to go fuck sand. So the sued and many of their patents got re-examined and thrown out by the USPTO while other patents were found by the jury NOT to have been infringed by Google. This is the nightmare scenario that trolls fear. Also, see Judge Willian Alsup and Judge Richard Posner. Its mostly in the Eastern District of Texas they can consistently get a away with this crap.

    4. Re:What happened to the days of hitmen? by amiga3D · · Score: 3, Informative

      Apple is one of the few patent trolls that actually produces a product. They don't have to live in fear. They have lots of money, lots of patents, and a huge market with an actual profit margin. They're a beast.

    5. Re:What happened to the days of hitmen? by __aaltlg1547 · · Score: 4, Informative

      In the usual parlance, the fact that Apple makes competing products clears the of the trolling charge. They only sue direct competitors AFAICT. When you competewith Apple you know you're competimg and you know you could be sued. Trolls lie in wait with patents you don't expect because they don't make a product you could compete with.

    6. Re:What happened to the days of hitmen? by amiga3D · · Score: 5, Insightful

      I believe having a portfolio full of bullshit obvious, vague and simple patents and using them to intimidate and vanquish competition qualifies as trolling as well.

    7. Re:What happened to the days of hitmen? by phantomfive · · Score: 5, Interesting

      Also, see Judge Willian Alsup and Judge Richard Posner.

      Yes, these two are amazing. Any judge who learns to program Java for a trial deserves credit.

      --
      "First they came for the slanderers and i said nothing."
    8. Re:What happened to the days of hitmen? by ceoyoyo · · Score: 2

      People believe all sorts of things.

      Patent troll is a pejorative term used for a person or company who enforces patents against one or more alleged infringers in a manner considered aggressive or opportunistic with no intention to manufacture or market the patented invention.

      http://en.wikipedia.org/wiki/Patent_troll

    9. Re:What happened to the days of hitmen? by rtb61 · · Score: 4, Informative

      Fine, Apple is a patent douche, happy now?

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      Chaos - everything, everywhere, everywhen
    10. Re:What happened to the days of hitmen? by FranTaylor · · Score: 2

      It IS trolling when apple sues people for making products in markets where apple isn't.

      For example the $200 tablet is not competing with the $600 tablet. If I want to buy a google nexus 7 there is NO WAY I am going to end up with an ipad, and vice versa.

    11. Re:What happened to the days of hitmen? by VortexCortex · · Score: 2

      We don't have a good term for what Apple does. As you point out, it isn't QUITE trolling since they are producing products. However, they certainly do seem to be employing the same sleezy tactics.

      Those sleazy tactics involve weaving a collection of questionable or down right bogus patents into a lawsuit, then casting it any and all opponents in the hopes to hamper them or catch a few who are unable to litigate, thus netting huge settlements. Sounds pretty much like the definition of trolling to me -- Drag-Net is another name for trolling too. Have you ever even been fishing before? Or has the Internet leached away all other reality leaving only it's pedantically demented definition of "troll" in tact and removing any connection to its basis in the aforementioned fishing acts?

    12. Re:What happened to the days of hitmen? by phantomfive · · Score: 3, Informative

      I think he programmed previously as a hobby, but he learned Java for the trial.

      --
      "First they came for the slanderers and i said nothing."
  5. nightmarish lawsuits by fustakrakich · · Score: 2

    Ahhh... The system works, perfectly. It actually runs itself. Who could ask for more?

    --
    “He’s not deformed, he’s just drunk!”
  6. that's 1300x the job creation! by Trepidity · · Score: 4, Funny

    Intellectual Ventures are true American heroes!

  7. Re:But Nathan says... by Anonymous Coward · · Score: 2, Interesting

    Fuck Nathan and his buddies Balmer and Elop. These asshats know exactly what they are doing. This is a systemic campaign to abuse the system to destroy any FOSS competition in the market.

  8. Patent Trolls by NonSenseAgency · · Score: 3, Insightful

    Sounds like a clear case for the application of the Rico Act.

  9. Wow... Organized Crime? by joocemann · · Score: 5, Insightful

    This sounds *exactly* like how organized crime (mobs) operate. Where the hell is the FBI I'm paying for? Will they please focus on relevant issues?!?!?!

    1. Re:Wow... Organized Crime? by phantomfive · · Score: 3, Insightful

      To point out the obvious, the FBI investigates crimes. Smart criminals decide to not break the law, because then they get the police on their side.

      What these guys are doing is not illegal, just anti-social.

      --
      "First they came for the slanderers and i said nothing."
    2. Re:Wow... Organized Crime? by joocemann · · Score: 4, Informative

      It is illegal to conspire or collude for the purpose of extortion, and it is also illegal to burden the courts with persistent unreasonable litigation.

      The real Mob conducts their 'crime' in similar ways that, on the surface, appear legal. What you see in movies/HBO is not what really goes down.

      This documentary will stream on netflix. You will see why it was hard for the FBI to crack down on the Mob -- that they conducted themselves very much within the scheme of what has the appearance of legal activity.

      http://www.cnbc.com/id/43392317/?__source=vty|mobmoney|&par=vty

      If you don't watch it to learn what I mean, I'll give you a breakdown of one example given in the film.

      1) Dude1: decides to build a new construction in a place with mob influence.

      2) Wiseguy1/Wiseguy2 stop by and have a casual conversation about how Dude1 *will* buy his concrete from "Legit Company A", a company that charges about $1/cu.ft. over normal market prices.

      If Dude1 agrees, life goes on as normal and it would appear that Dude1 isn't a good shopper.

      If Dude1 disagrees....

      3) Deliveries from various orders needed for the business never come.
      4) Protests/Picket-lines show up at the build site.

      If Dude1 still disagrees.....

      5) Wiseguy1/Wiseguy2 have a physical intervention that changes Dude1's mind, or ends Dude1.

      ---------

      It isn't a reach to say that the topic at hand follows these same 'on paper' techniques to extort money. It is very much the same a minor difference being that the lawyers don't actually do physical intimidation, but rather legal.

      I hope this has been informative.

  10. Shell companies by machine321 · · Score: 4, Funny

    Summary is wrong, it's actually 1300 Exxon-Mobile companies,.

  11. I don't understand by Crypto+Gnome · · Score: 5, Insightful

    why anyone is complaining so loudly.

    This behaviour is the natural and logical outcome of the current patent system.

    Did anybody seriously expect anything different?

    --
    Visit CryptoGnome in his home.
  12. Give IV a break. by sconeu · · Score: 3, Informative

    They're doing G-d's Work.

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  13. If you pay one, the rest come knockin' by symbolset · · Score: 5, Insightful

    That makes the right strategy "All my wealth for defence, not one dime for tribute." Pay the danegeld and you'll never get rid of the Dane.

    --
    Help stamp out iliturcy.
  14. So easy by EmperorOfCanada · · Score: 4, Insightful

    When congress finally crafts a law to eliminate patent abuse an easy measure of success is if companies like this are destroyed. Not hurt but close up shop like most of the buggy whip companies. When a company exists only to sue vibrant and healthy companies they are a parasite, that is they provide no value to society while simultaneously damaging it.

    The politicians blah blah about cutting red tape and creating jobs but what about protecting us from evil like this? I can't imagine the flowering of new developments that would take place without bloodsuckers like these.

    One of the things that hold third world countries back is that if you have the slightest bit of success some Mr Big / Warlord / Village chief / Crimelord / Well connected bureaucrat will come along and take whatever you have. There are few property rights in these countries. Yet in the western world the bloodsuckers have perverted the very thing that use to make us successful (property rights) where they do the very thing that those property rights were supposed to prevent.

    My suggestions for IP reform are to significantly raise the bar as to what an invention really is. If someone invents a cool new battery don't let someone patent the use of that battery in everything. Shorten the life of a patent from 20 years to 10 years after the first significant use of that product. (or 20 years whichever comes first)

    Software patents; how about no. Change the lifetimes for different categories of patent. Drug patents, 10 years. Material patents 15 years. Electronic patents 5 years.

    Limit the damages to a tiny percentage of the wholesale value of a product.

    Only allow the original inventors or companies that are implementing the product to launch a lawsuit. If you are sitting on a stack of patents they all you are doing is holding back the progress of humanity.

    If a company has more than 30% of a market then make the licensing of their patents mandatory for a nominal cost.

    Don't let universities charge too much for patents. Yet don't let their professors hive of some research to create a company and then patent the crap out of it.

    Have an independent government department for patent invalidation. Having the patent office invalidate a patent is having them say they were wrong. Also judges need to be able to invalidate a patent.

    Again raise the bar for what gets patented. I'm looking at you one-click-purchase!

    If a suit asks for one amount and wins a much lower amount then the difference should be deducted from the awarded amount. So if they ask for a billion and win 100 million then you subtract 900 million resulting in 0 (zero dollars). This should be for all lawsuits.

    Lastly if a lawfirm sues for a patent that later becomes invalidated then they can be hit with treble damages. (That is treble what they demanded.)

  15. Re:hey now by Opportunist · · Score: 3, Funny

    I'm more leaning towards mincing corporations to feed the hungry.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  16. Corporate reproduction by Areyoukiddingme · · Score: 4, Interesting

    If corporations were people, it would take 9 months of effort and hundreds of pounds of input to create one and you wouldn't be finished until you had successfully pushed a watermelon through a garden hose.

    Instead we have this company spawning 1300 "children" in a year or two. Ridiculous.

    Sounds like Charlie Stross got it right in Accelerando--as a reaction to those 1300 corporations, useful corporations with actual products are going to have to react defensively, and in an exactly reciprocal fashion. Samsung is going to have to spawn 1300 child corporations and use them to hide their assets. "Oh, you were trying to sue for infringement of your phone interface? I'm sorry, Samsung Electronics 867 doesn't produce that phone. Try Samsung Electronics 335." *ring* "Samsung Electronics 335. Oh, no, you can't sue us for that phone interface. We sold it yesterday. To whom? Call back tomorrow." *ring* "Samsung Electronics 335. Yes, we sold that phone interface to Samsung Electronics 779." *ring* "Samsung Electronics 779. Oh no, you can't sue us for that phone interface. We sold it yesterday. To whome? Call back tomorrow..."

  17. I would like second to this. by boorack · · Score: 4, Insightful

    There are already laws in place to deal with those crooks. The problem is selective application of laws - ordinary people will be jailed for years for having a little bit of marijuana in possesion, while crooky ruling elite is clearly above the law and they can do whatever they want. And if they break laws (stealing billions in the process), enforcement officials will cover it up (instead of doing what they're supposed to do) or some law retroactively legalizing criminal ruling crooks' behavior will be passed.

    Wake up folks, 2012 US of A is a two-tiered society, pretty much like medieval Europe. Technology and cheap energy is the only thing keeping standard of live relatively high but if it ends, you'll get back into dark ages sooner than you think.

  18. 1300 - 1 = 1299 by fritsd · · Score: 2

    And if they lose a dangerous, at least for them, precedent would be set.

    Oh noes! You mean... they have to continue trolling with only their remaining 1299 shell companies!

    --
    To be, or not to be: isn't that quite logical, Slashdot Beta?