New versions of the BlackBerry mobile device won’t come equipped with BrickBreaker, a simple game that for years was installed on every BlackBerry and at its peak developed a cult following among traders and Wall Street executives. Richard S. Fuld, the former Lehman Brothers chief executive, became so addicted that in 2006 he had his technology department remove the game from his device in an effort to break his habit. Nick Manning, a spokesman for BlackBerry, on Wednesday confirmed the company’s decision to remove the game from new devices. [Dealbook]

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We've seen it all too often: some companies are perhaps ahead of their time, and they fail in the marketplace, so they turn into patent trolls, making sure everyone who succeeds has to pay up. It's difficult to see how that promotes innovation in any way, as it appears to be rewarding failure in the marketplace, while punishing success. Either way, the latest company to go down this sad route is the former Openwave, which has sold off its remaining businesses, with the intent of being a full time patent troll, under the name Unwired Planet (the company's original name back in 1996 before it became Openwave -- one of a series of names it had, including Software.com, Phone.com and Libris).

Some of you may remember Openwave as a company that helped get WAP browsers on lots of phones, and sold services and WAP gateways back in the early days of the mobile internet. Of course, Openwave then failed to innovate, failed to keep up with the changing market, and became pretty obsolete. But rather than just go out of business, it's gone full-on patent troll. Amusingly, the company is pitching this as "a major milestone." Yes, it's a "milestone" that instead of just failing and shutting down, you're now going to shake down other more innovative companies.

CEO Mike Mulica said in the company's announcement that the sale to Marlin marked a "major milestone" in its new corporate strategy. Mulica has been a major driver of the patent initiative since he took his post last October.

"As we complete the sale of our product businesses, we will continue to focus on a multi-pronged strategy to realize the value of our unique patent portfolio," Mulica said.

The company already started down this road last year by suing both Apple and RIM -- but it sounds like such activities are going to expand.

All the way back in 2001, we wrote about how the brilliant satirists at Despair Inc. successfully trademarked :-( and announced that they planned to sue 7 million internet users for violating the trademark. The actual announcement was pretty funny -- even though not everyone got the joke. In 2006, we also had a story that mentioned a whole bunch of patents and patent applications related to emoticons.

It appears that one of those is now being used in a lawsuit against Samsung and RIM for having the gall to create a button that makes it easy to pick an emoticon without typing it in. The patent in question (US Patent 7,167,731) really is for having a button that lets you pick emoticons. How this is possibly patentable is beyond me. But, for some reason, examiner Lee Nguyen thought it was somehow non-obvious. The patent was originally assigned to Wildseed, a mobile accessories firm that AOL bought in 2005. The patent itself then went to Varia Mobil, who moved it to Varia Holdings to Varia and back to Varia Holdings. It's Varia Holdings bringing the lawsuit. Varia appears to just be a trolling operation (of course).

It's fairly stunning that anyone considered this a valid patent at any point. That it's now being used as the basis for a lawsuit should (once again) raise significant questions about the USPTO's approval process for patents.

After some have been blaming the Blackberry for facilitating the London riots, it seems that some politicians are hanging their hopes on that to the point that they actually think that shutting down Blackberry's messaging feature will help. MP David Lammy apparently is asking RIM to shut off its Blackberry Messaging Service because nothing quells a bunch of angry, rioting young people like trying to cut off their ability to communicate.

Well, it wasn't too difficult to see this one coming. A year ago, all that was left of Nortel was a giant patent portfolio that everyone knew would result in a bidding war. At the time, people predicted the portfolio was worth an astounding $1.1 billion. Back in April, Google made news by placing a $900 million "stalking horse" bid for the patents, which had many people shaking their heads at the size of the bid. Google had made it pretty clear that it was seeking to buy the patents to keep them from being used by others to sue and block Google. Of course, Microsoft whined and complained to the government about how unfair it would be if Google won the patents. The government was apparently unconcerned.

So, Microsoft apparently got together with Apple, EMC, Ericsson, RIM and Sony... and coughed up an insane $4.5 billion. It's kind of brilliant in a nefarious way. With six companies together, they could each spend less than the $900 million initially pitched by Google... and then just all agree not to sue each other, but leave open the option to sue anyone else. And, given just how aggressive these companies have been with patents lately, you can rest assured that "license" demands will be made and there will almost certainly be lawsuits. Progress via the courtroom, apparently.

Looks like it may be time to update our patent thicket graphic. Another company that's not actually doing anything in the space is suing everyone who is. A company named H-W Technology apparently holds a patent (7,525,955) on an "Internet protocol (IP) phone with search and advertising capability" and has sued Apple, RIM, Google, Amazon, eBay, HTC, LG, Smasung, Microsoft, Nokia, Verizon and others for violating it. Because, you know, I'm sure no one possibly could have figured out how to put search and ads on a phone without this patent.

The patent thicket around basic WiFi technology continues to grow. Over the years, we've pointed to a wide variety of companies that were claiming to hold patents that were infringed by every implementation of WiFi. In other words, WiFi's got a huge patent thicket issue to deal with. The latest is that Canadian patent hoarder Mosaid Technologies has claimed that its patents are violated, and has sued bunch of companies, including Dell, RIM and AsusTek. Kinda funny that it seems like every one of the companies suing over WiFi patents doesn't actually make anything themselves...

A few folks this week sent over a story in the Guardian by Josh Halliday and Charles Arthur with a graphic purporting to show who was suing who in the smartphone space, following the news that Microsoft had sued Motorola. You can see that graphic here: Meanwhile, someone in our comments had pointed to a very similar graphic.

The problem is that both of these graphics are wrong. The Guardian one admits that it was built off of the NY Times post from back in March that that showed a similar graphic, which we wrote about at the time. Here's that graphic: However, Joe Mullin quickly pointed out that the graphic was wrong and included a bunch of lawsuits that never happened. NY Times blogger Nick Bilton posted a correction to his story way back in March... so I'm unclear on why the two Guardian reporters were still using that as the basis of their own drawing.

Either way, with Motorola suing Apple for patent infringement, the already wrong graphic was now also out of date. So, I figured why not create my own, correcting the original errors and adding in the new information.

I ended up spending many hours on it, because once I started, I realized that to really show the state of the patent thicket, I couldn't just include the big name companies that were suing each other, because that's only a part of the story. What about all of the non-practicing entities (so-called "patent trolls"), who were suing lots of these companies for infringement as well? Doesn't that matter in understanding the thicket? Of course, there are lots of them, so I focused on the higher profile NPE lawsuits -- the ones involving multiple defendants -- and added them to the chart too (in green). And then, I added in a few other companies who actually make stuff but have been suing as well. Once you start, it's difficult to know where to stop. There are so many companies involved in so many lawsuits, some you just have to leave out. However, I believe the image below gives you at least some sort of picture of the lawsuit situation concerning smartphones. Some of these lawsuits have settled, but many are still ongoing. Now, here's the crazy part: this is just lawsuits. I thought about showing licensing deals in this chart as well, but that would have killed my whole weekend (in fact, just as I was finishing up this post, I saw that Microsoft has just licensed 74 smartphone patents from Acacia). And then I thought about including companies like Intellectual Ventures which apparently are sitting on a bunch of other smartphone patents but haven't yet sued over them. However, I'd already wasted hours that could have been spent doing other, less brain-damaging work, and decided to leave it like this and move on.

Anyway, I'd say this does a damn good job demonstrating the concept of a patent thicket. It also explains how such thickets are hindering innovation. Anyone who wants to get into the smartphone business knows that they're facing lawsuits from a large number of the companies listed on the graphic.

Update: Someone just pointed out that Ars Technica apparently made their own graphic, which is really pretty.... but also relies on the same bad data that the NY Times used and corrected months ago.

Update 2: Apparently everyone had the same idea. The folks at Information is Beautiful made another version of the same chart... again including the incorrect information from the NY Times (though, at least they admit those lawsuits are about LCD price fixing, not patents).

A couple years ago, the Indian government started demanding that RIM give them a backdoor to read encrypted Blackberry email messages. At the time, RIM insisted that was technically impossible due to end-user encryption (something that's been called into question due to RIM's agreements with other countries, such as Saudi Arabia). A few months after that exchange, India announced that it didn't matter any more because it had cracked the encryption, and could spy on messages at will.

So it seemed a bit odd when India again demanded access to RIM Blackberry messages, leading to a standoff where RIM eventually "backed down" and offered to help India spy on users. However, the Indian government is now complaining that the solution doesn't let them spy enough:

The telecom department has rejected the interception solution offered by Canada's (RIM) for its secure corporate email service. What's more is that it has spurned RIM's technical solution for decoding all chat communication on the popular BlackBerry Messenger service...

In an internal note, dated September 28, reviewed by ET, the telecom department's security wing claims security agencies have been unable to intercept or monitor secure email communication made through the (BES) in readable format. "RIM maintains that it does not have the keys that can be offered to security agencies for converting secure corporate email into readable format," said a senior DoT official with direct knowledge of the matter. The DoT internal note claims law enforcement agencies have failed to intercept chats on the BlackBerry Messenger platform, which runs counters to the home ministry's recent position that it is satisfied with the interception solution offered by RIM.

Reading between the lines, it sounds like RIM is still sticking to the fact that, thanks to end-user encryption, it simply can't reveal the message contents -- but it sounds like it agreed to offer access to other information, which the Indian government feels is not enough. Of course, for all of India's rather public admission that it wants to spy on all sorts of communications, it doesn't seem to recognize that it's scaring companies away from doing business in India, as the threat of having communications spied upon is too big a risk.

With last week's news that the United Arab Emirates and Saudi Arabia were going to block access for BlackBerry users over the inability to spy on RIM's servers, the news over the weekend that Saudi Arabia is testing three local servers that would alleviate the need for a ban has many wondering how secure their BlackBerry communications really are.

Of course, the more pertinent question may be how secure BlackBerry communications have ever been. One of the big complaints from the UAE and Saudi Arabia (and others) is that they believe RIM already lets certain governments access content flowing across their network. And, of course, no one seems willing to come out with a straight answer one way or the other on whether or not that's an accurate statement. However, as the NY Times article above makes clear, whether or not governments really do have access to RIM's network probably isn't as meaningful as some believe, since there are multiple different potential points of access for anyone wishing to monitor messages. About the only thing that is clear is that if you're communicating online, it's probably best to assume that, sooner or later, someone other than the intended recipients will probably see it.