The Daily Journal's Tuesday edition (not linkable) reports that Troll Tracker author Rick Frenkel, and his employer Cisco, have been sued for defamation by two East Texas attorneys who are players in that district's patent litigation scene, Eric Albritton and T. John Ward, Jr.

So now that it’s happened, let me introduce myself. My name is Rick Frenkel. I started in IP over 10 years ago, as a law clerk at Lyon & Lyon in Los Angeles. After a few years there as a law clerk and attorney, I litigated patent cases for several years at Irell & Manella. Two years ago I moved to the Valley and went in-house at Cisco. In my career, I have represented plaintiffs, defendants, large companies, small companies, individual inventors, universities, and everything in between. I currently work at Cisco.

Who doesn't like patent litigation? I know I do. What could be more fun than reading newspapers articles about companies suing the pants out of each other for infringing on ideas the suing party are theirs. It doesn't matter that the defendant might never even have heard of the patent in question, as patent law nevertheless applies and gives the claimant a chance to make a windfall in damages for patent infringement.

Every company is in the software business, which means that every company has software liability. We estimate $11.4 billion a year is spent on software patent litigation (see our resources for economists page), and not just by Microsoft and IBM—The Green Bay Packers, Kraft Foods, and Ford Motor are facing software patent infringement lawsuits for their use of the standard software necessary for running a modern business.

Microsoft's claims that open-source software infringes its patents do not apply in the UK, according to a top lawyer.

Q. When is a program not a program? A. When it is all the works ever licensed under GPLv3. Via the Software Freedom Law Center comes news that the Free Software Foundation has published a document clarifying its position on patent litigation related to the GPLv3 - specifically what constitutes a program under the GPLv3 for the purposes of patent infringement claims.

Recently, I did an update on the Sun/NetApp litigation, but now there is something better, an update by Matt Dillon, Sun's General Counsel. What a great name for a lawyer. He says thank you to all who helped with prior art: After NetApp sued Sun, we responded with six reexamination requests on the patents asserted by NetApp.

Patent Office to Take Second Look at Meritless Claims Threatening Mobile Information Access. The Electronic Frontier Foundation (EFF) has won reexamination from the U.S. Patent and Trademark Office (PTO) of a bogus patent threatening mobile information access. The reexamination order is the third granted by the PTO after challenges from EFF's Patent Busting Project.

Novell and the Electronic Frontier Foundation have announced that the owners of SUSE Linux will help bankroll the EFF's fight against bogus patents and work towards meaningful patent reform on a global level.