Bonum Certa Men Certa

Patents Roundup: Patent Trolls, Patent Reform, IAM's Willful Ignorance, PTAB Paranoia, and Long Briefs

Underwear



Summary: A look at patent news from the United States, focusing primarily on patent trolls or software patents (the trolls' weapon of choice)

Trolls' Antics Spreading



"ServiceNow (NOW) stock rose Tuesday," said this article, "with word out that it might be able to settle some of its patent litigation with privately held BMC Software, avoiding a trial scheduled to start Friday."



"The cost of going to trial (plus all the appeals which typically ensue and moreover the duration which casts doubt and uncertainty) is greater than just settling."This is what very often happens when it comes to software patents. The cost of going to trial (plus all the appeals which typically ensue and moreover the duration which casts doubt and uncertainty) is greater than just settling. That's what gave rise to a lot of what's now known as "patent trolls", even though large companies with actual products do the same thing (our next post will deal with Microsoft, which even created a troll-like entity called “Microsoft Technology Licensing LLC”).

Patent Reform in the US



"In his Patently-O Patent Law Journal essay," says this post, "James Daily reports the results of his investigation into the signatories to these open letters [regarding patent reform that focuses on patent trolls]. He finds, inter alia, that the signatories of the second letter are (1) more likely to be donors to the Republican Party and (2) more likely to be registered patent attorneys."

"Republicans often stand for (or support) what's good for large corporations, which also get represented by patent lawyers (hence they 'trickle down' money to them, at the expense of everybody else)."This is expected, but receiving a reminder that reinforces these expectation can be helpful. Republicans often stand for (or support) what's good for large corporations, which also get represented by patent lawyers (hence they 'trickle down' money to them, at the expense of everybody else).

IAM Doesn't Know What "Trolls" Are (Follow the Money)



Why do we still see so many patent trolls in the US? Why does the EPO's management want to bring them over to Europe with the UPC? And why do friends of the EPO's management (sites like IAM) take money to promote the UPC and to soften the image of trolls? Follow the money. It's not hard.

"It's pretty obvious that the Eastern District of Texas is friendly to trolls."Consider this new article from friends of software patents who are also receiving money from patent trolls (and whose "Editor in chief" does not know how much money is being paid to by sponsors). Whenever they write about patent trolls they manage to not even to mention the word "troll" (because it might offend IAM's parent company, as it's paid by trolls). Here's the latest example which says that "as Congress waits, the Court of Appeals for the Federal Circuit (CAFC) is set to tackle one of the most controversial aspects of patent infringement cases in the US - the thorny topic of venue shopping. Almost all sides of the reform debate can agree that it is not healthy in any legal system for a disproportionately large number of cases in any field to be heard by just one court and for one judge to hear so many. Last year, according to Lex Machina, 2,540 patent cases were filed in the Eastern District of Texas - 43.6% of the total suits brought in the US. Of those, 1,686 were filed with Judge Rodney Gilstrap. Regardless of Judge Gilstrap’s judicial skills, that lack of plurality does not paint the US patent system in a good light."

Amazingly, the article does not say a thing about trolls. Astonishingly, they miss the strong correlation between the Eastern District of Texas, patent trolls, and even software patents.

“U.S. Supreme Court refused Monday to rehear arguments from Pi-Net International Inc., which saw its Federal Circuit appeal in a case against JPMorgan dismissed after it used formatting tricks to hide the fact the appeal brief was too long.”
      --Law 360
"Of course," they added, "if the CAFC or Congress does severely stymie patent plaintiffs’ ability to bring cases in East Texas we might finally see whether patent owners flocked there not because the courts gave them such an easy hearing, but because it’s the only place in which they have been able to get a fair hearing."

It's pretty obvious that the Eastern District of Texas is friendly to trolls. It even openly advertises this, as covered widely in the press just weeks ago. How could IAM miss this crucial fact?

Fear of PTAB



The Intellectual Property Owners Association, which is essentially a lobbying group of the super-rich (not just any holder of patents), is trying to demolish previous reforms that introduced a court known for eliminating a lot of software patents, especially post-Alice. There is also the article "Fed. Circ.'s [CAFC] Embrace Of PTAB To Fuel More AIA Reviews", which related to what we wrote two days ago.

Patents Keeping the Price of Ink Sky-High



To understand the wider impact of patent maximalism look no further than the Lexmark story, which continues to be the subject of lawyers' analyses, e.g. [1, 2, 3, 4] in recent days.

Too Much Work? Inadmissible!



We couldn't help but notice this new article which says that the "U.S. Supreme Court refused Monday to rehear arguments from Pi-Net International Inc., which saw its Federal Circuit appeal in a case against JPMorgan dismissed after it used formatting tricks to hide the fact the appeal brief was too long."

A lot can be said about this, either about the cheeky lawyers who disguised the length of the brief or the court which judges based on the number of words (rather than merit).

Recent Techrights' Posts

Like GAFAM, US Telecom Industry Has Severe Debt Problem
Maybe their real problem is true profitability
Latest Example of False Marketing by Anthropic
Like Scam Altman, they're better at buying publicity (paying for hype) than they are at delivering something of genuine value [...] That has the full make-up of fake news and a publicity stunt
IBM: From RAs to "Workforce Re-balancing" (New Names for Mass Layoffs)
Well, "workforce re-balancing" means "RAs", which is a misleading acronym IBM has devised to soften if not hide mass layoffs.
Microsoft's Grip Has Slipped, Market Share Steadily Declining
This is why Microsoft is having financial issue
SLAPP Censorship - Part 60 Out of 200: Talking About Corruption at Microsoft and Arrest for Strangulation is "Malice"
At the moment Brett Wilson LLP has no new clients
The Corrupt Lecture the Non-Corrupt - Part VIII - "Red Line" When the European Patent Office (EPO) President Sleeps With Sister of "Cocaine Communication Manager" (Whom He Unconditionally Protects)
If only management took its own words (idealistic pontification) seriously
 
IBM is Already Doing 'Voluntary' Layoffs This Year in Europe ('Buyouts' Ahead of Mass Layoffs)
IBM's efforts to hide or belittle layoffs is noteworthy
Tracing Back the Misuse of the Word "Buyout" to Describe Merciless Mass Layoffs
So we can assume very large Microsoft layoffs are on the way, this time not spun as "buyouts"
Growing the List of Sites That Are Rogue
It's very important to raise and spread awareness of which ones are fake
Links 28/04/2026: Uganda Criminalising ‘Foreign Agents’ and China’s Economy "Starts to Show Cracks"
Links for the day
Anthropic and Claude Are National Security Risks Not Because of Politics But False Marketing and Vandalism, Plagiarism Sold as Innovation
The slop hype is causing severe damage
Gemini Links 28/04/2026: Misfin, ELPiS, and Developing Another Gemini Client
Links for the day
US Government Sites See More Traffic From Apple Devices Than Microsoft Windows PCs
Keep this in mind when Microsoft talks about mass layoffs while calling these "buyouts"
Layoffs Versus Buyouts
Microsoft has mass layoffs and those target the most experienced people in one of the best-paid locations
Aaron Hillel Swartz Would Have Turned 40 This Year
Aaron Swartz killed himself in 2013
The Trumps Are Making Jimmy Kimmel More Famous and Popular
Comedy has long been "controversial", but trying to get people sacked for the 'wrong' joke results in having no comedians or only pseudo-comedians who are the dictator's jester/joker
Links 28/04/2026: Microsoft's GitHub Upselling After Two Leaders Jumped Ship (Losses Pile Up), "Inflation Jumps," and More
Links for the day
IBM Laying Off Thousands of Workers Again, Based on Q1 Earnings Call
under the guise of "workforce rebalancing" we are again seeing that IBM plans to pay people (severance) to leave
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 27, 2026
IRC logs for Monday, April 27, 2026
Gemini Links 28/04/2026: Good Sunrise Viewing and Self-hosting from Home
Links for the day[1;5C
Microsoft Insiders: If You Don't Take the Lousy Severance-Like Offer, They'll PIP You Out (Microsoft Signals to People Over 40 That They'd Better Vacate the Place)
Microsoft targets its most experienced (read: expensive) workers
"AI" 16 Times in One 'Article'. The Register MS Got Paid to Post This Spammy, Promotional Piece of Slop.
Pay closer attention to who pays and who gets paid
Links 27/04/2026: Chernobyl Disaster at 40, "Heartbreaking" Decline of Australia
Links for the day
Gemini Links 27/04/2026: Gopher Catchup, MNT Reform, and Injuries
Links for the day
Red Hat Circling Down the Slop Drain
IBM, governed by slop fanatics, is going to do a lot of damage
Slop is an Addiction, Its Users Find It Addictive
please do not tolerate people who slop
The Corrupt Lecture the Non-Corrupt - Part VII - Secrecy at the EPO (Regarding Cocaine and Nepotism) Has Undermined Trust in Management
If Europe's second-largest institution is run by the "Alicante Mafia", does this mean that other key European institutions are "Mafia"?
SLAPP Censorship - Part 59 Out of 200: Mentioning the Fact Alex Graveley Arrested and Charged for Strangulation in Texas is "Reckless" and "Malicious", According to His 'Hired Guns' in London
it was framed as "malicious"
Links 27/04/2026: Strikes, Corruption in Spain (Spanish PM Sanchez' Wife), and YouTuber Faces Jail Time
Links for the day
Gemini Links 27/04/2026: Gopher Catch-up, Year of Contentment, and Path to Freedom
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 26, 2026
IRC logs for Sunday, April 26, 2026
Journalistic Malpractice: Helping Microsoft Paint 'Voluntary' Layoffs (Before PIPs) as "Buyouts"
What does this tell us about today's media?
The Man IBMers Regard or Already See as Likely Successor of Krishna (or Next CEO of IBM) is a Slop Fanatic
How dangerously misguided
The Corrupt Lecture the Non-Corrupt - Part VI - Management of the European Patent Office (EPO) Covered Up Cocaine Use, Even Colleagues Not Informed
the self-described "fu--ing president"
SLAPP Censorship - Part 58 Out of 200: 5RB and Brett Wilson LLP Helped Garrett and Graveley Make Equivalent of GAFAM NDAs Superficially 'Enforceable' in the UK, Using Threats
laziness results in many hours and high lawyers' fees
Who Controls Fedora? IBM and GAFAM.
Don't for a moment believe that IBM understands GNU/Linux. We are quite certain nobody in IBM's Board of Directors uses it.
State of Slop About GNU/Linux
As the incentive to publish is reduced (competing with slop is no fun), the effort/money invested in stories goes down
Links 26/04/2026: Korean Inflation, GLP-1 Drugs Linked to Cognitive Impairment, Lithuania's Public Broadcaster LRT Besieged
Links for the day
Hopefully Smooth Sailing in OS Upgrade
There are some contingencies at hand
Links 25/04/2026: "Horrible Economics of AI Are Starting to Come Crashing Down", More Restrictions Placed on Social Control Media
Links for the day
Getting Aggressive Suggestive of Loss - Part IV - Shutting Down My Existence
Would anyone out there tolerate such messages sent from burner accounts?
Gemini Links 26/04/2026: Gemini Movie Database (or GeminiMDB) and Star Trek III
Links for the day
Weeks Before Linux Removed Over 100,000 Lines of Code Due to Slop 'Bug Reports' Microsoft Paid 'Linux' Foundation to Advance Slop in the Name of 'Security'
What can possible go wrong? Both for security and for stability.
Tracking Ages of People
To stay "safe" tell us your age
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 25, 2026
IRC logs for Saturday, April 25, 2026