Bonum Certa Men Certa

Patents Roundup: The Eastern District of Texas, Jurisdiction Changes, Dubious Patents, and Even Sanctions

Delaware stop



Summary: Texas patent cases, patent reform prospects, Delaware cases, and some updates on high-profile patent cases

Eastern District of Texas



BASED on the latest numbers from Lex Machina, whose figures are typically used to oppose excessive litigation and support patent reform (just look who's behind Lex Machina), indicate that there's a reduction/decline in prospects for patent litigation. The patent maximalists interpreted this as follows: "We know that new cases in the US were back up again last year, not hitting the heights of 2013 but still the second busiest on record. We also know that activity in November was unprecedented thanks to new, tougher pleading standards coming into effect in December. And it has also been widely reported that even by its standards it was a standout year for the Eastern District of Texas, where almost 44% of new cases were filed, and East Texas judge Rodney Gilstrap, who chalked up an incredible 1686 new lawsuits."



"Some believe that jurisdiction-based patent reform alone would help mitigate/limit the problem."The Eastern District of Texas, the capital of patent trolls, is quite a cesspool. It even advertises itself as such (low patent bar in the courts).

Based on this new article from Heather Greenfield (at CCIA): "Senators Jeff Flake, R-Ariz., Cory Gardner, R-Colo., and Mike Lee, R-Utah, have introduced a bill aimed at patent trolls filing abusive patent cases in the Eastern District of Texas, considered friendly territory for those whose main business is patent lawsuits rather than making products. The Eastern District of Texas took 44 percent of all patent cases filed in 2015. Judge Gilstrap of the Eastern District is based in Marshall, Texas, which has a population of 24,000 people, yet he hears about one-fifth of all patent cases in the United States."

They both use the same statistics and talking points: "The Eastern District of Texas took 44 percent of all patent cases filed in 2015."

Some believe that jurisdiction-based patent reform alone would help mitigate/limit the problem.

Texas Trials and Jurisdiction Questions



We previously wrote about the Metaswitch/Genband case and it is back in the headlines again [1, 2, 3, 4]. Real (practicing) companies from Europe are being hurt, so we're left wondering what takes US Congress so long to take action. One suggested kind of reform pertains to jurisdiction/venue shifting, or sanctions on it. A better solution would identify the pattern in the patents themselves (software patents) and work towards squashing them.

"One suggested kind of reform pertains to jurisdiction/venue shifting, or sanctions on it."See the new article titled "Venue and Personal Jurisdiction Updates" and also "ANDA filing creates Nationwide Personal Jurisdiction", which precedes it. It's about generics, it involves CAFC, and it says: "The facts here involve Mylan seeking FDA approval to market its generic drugs that will eventually be sold in Delaware (as well as every other state in the Union). In considering that action, the court found it sufficient for personal jurisdiction for cases steming from the ANDA approval application."

Here is the part about jurisdiction: "In this personal jurisdiction case, the Federal Circuit has affirmed the Delaware Court’s ruling that the court has specific jurisdiction over Mylan in two parallel cases. In a super-broad holding, the court here finds that when a generic company files a new drug application (ANDA) with the FDA, that the filing opens the door to personal jurisdiction in any state where the Generic Company will market the drug if approved. This effectively means that the generic company could be sued in any state in the Union."

"A better solution would identify the pattern in the patents themselves (software patents) and work towards squashing them."Speaking of Delaware, see this new update about another Delaware case (it's behind a paywall). The publicly-accessible part says: "Wireless technology company Novatel and a patent holding company that accused it of infringing two communications patents have agreed to dismiss their case, one week after a Delaware federal judge narrowed the claims in the suit and threw out experts from both sides."

Delaware, unlike Texas, is up north, and it is not as friendly as Texas when it comes to plaintiffs.

Dubious Patents



An article by Timothy Geigner covers a topic which we touched here twice before. "It's often claimed," Geigner writes, "that patent and trademark litigation is chiefly employed as a measure to simply lock out otherwise fair competition." That's exactly what we have here. To quote his article:

The founder of Global Archery, John Jackson, on the other hand, appears perfectly willing to come out and describe his motivation for filing a patent and trademark infringement suit against a LARPing hobbyist that sells some non-lethal foam arrows on the side.

But first some background. LARP stands for live action role play, for those of you who didn't know that already. To aid in the roleplaying of battles, LARPers will use non-lethal "weapons", such as foam swords and arrows, and the like. Larping.org is a hobby site for LARPers, featuring interviews, how-to videos, etc. In their shop, they also sell LARPing gear, all of which I believe is resold from third party manufacturers. Now, Global Archery has patents on specific foam-arrow designs, which chiefly revolve around the way the foam arrowhead is secured to the shaft. One half of the company's claim against Larping.org is for infringement on those patents.


Why were such patents granted in the first place? How much would it cost the defendant to prove them to be bogus?

Sanctions



Apple has relied on embargoes, or threats of embargoes, in order to get companies to pay Apple for Android devices and/or remove basic features (like a slider that unlocks a screen). The ITC has been used by Apple for this and Microsoft has done so too. They're both attacking Linux (especially on devices) using software patents. This new article serves reinforce time estimates that say it will be Monday when we finally know if Apple can take Android (Samsung actually) to the Supreme Court). To quote:

Decisions in the Apple v. Samsung patent infringement cases have swung widely to both sides, suggesting the courts are unable to make clear rulings for the fast-moving high tech sector. But two experts advise taking a broader perspective about historic shifts in intellectual property law, some of them probably still ahead.

The U.S. Supreme Court could decide as early as Monday (Mar. 21) whether or not to hear an appeal on design patents involved in the case. “Not a lot of design cases have percolated to the top…[but
we have seen the profile of design rights come out of the backwaters and into the limelight,” said Christopher V. Carani, a partner at McAndrews Held & Malloy Ltd. (Chicago) who specializes in design patents.


Apple is still trying hard to extract billions of dollars out of Samsung, under intense pressure of embargoes and whatnot. Apple used HTC as precedence against Samsung. If Samsung falls, who's next in Apple's path of destruction? Also consider the following new article:

ZTE set to appeal US export ban



CHINA’S ZTE Corp will appeal tough US export restrictions imposed last week, according to a person familiar with the matter, after the telecom equipment maker’s costly lobbying effort failed to allay concerns about its business.

The US Commerce Department imposed restrictions on US suppliers providing crucial components to ZTE for alleged Iran sanctions violations, a move likely to disrupt its global supply chain.

“The US Department of Commerce and ZTE Corp are in ongoing discussions,” a senior Commerce Department official said. “These discussions have been constructive, and we will continue to seek a resolution.”


Who benefits from such political embargoes? Surely Apple must be in favour. This case was mentioned earlier this month by IAM, which believes it indirectly relates to patents-induced embargoes. How far will the US system go? Embargo or sanctions cannot help costumers; when will this be realised and when will the public realise that patents excess generally harms everyone?

Recent Techrights' Posts

The Microsofters Have Just Shared Privileged Trial Data With Microsoft
There are serious ramifications for liability accountability as Microsoft salaries sponsor these SLAPPs
Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
[Video] IBM Shakes Hands of Prince Mohammed bin Salman
handshake of loyalty
 
Inviting the Founder of GNU/Linux to Events (It Only Costs His Travel Expenses) and Recalling the True Origins
It's reassuring to see belated recognition
Slopwatch: Microsoft's Anti-Linux Propaganda and Cover-up, Slopfarms Clogging Up Google News
slop-tracking activities that observe googlebombing of "Linux"
AstroTurfing by IBM in thelayoff.com is Highly Risky (and Likely Outsourced)
Microsoft did this in Reddit (and got caught), so why won't IBM too?
Links 17/05/2025: Stabber of Salman Rushdie Sentenced to 25 Years in Prison
Links for the day
Gemini Links 17/05/2025: Happier on Gemini and Manipulating Reddit
Links for the day
ComEd and Microsoft: A Mess of Spaghetti Held Together By Circus Clowns
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 16, 2025
IRC logs for Friday, May 16, 2025
Links 16/05/2025: Microsoft Sacks Pregnant Women, People Fired on Their Birthday; Adobe Censorship Failing
Links for the day
Gemini Links 16/05/2025: "Repairing Our Way out of Commodity Fetishism" and Pre-librebooted Computers
Links for the day
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025
Microsoft WARN Notices Proliferate in the United States
From what we've seen, this wave was more than 3% (a lot more) and the next wave/s will be even bigger (possible as imminent as weeks from now), based on insider leaks
Links 15/05/2025: Google Betrays Publishers Again, Openwashing by Sysdig
Links for the day
Richard Stallman Still Respected by Many in the Libre Graphics Community
Richard Stallman and Professor Moglen never harmed anyone
If You Read Techrights, Then You Probably Want to Read Tux Machines as Well
That site is more active than this one
Gemini Links 15/05/2025: Forced Music in Publicly Accessible Space and ~silv is Online
Links for the day
Links 15/05/2025: KOSA Censorship (USA Becomes More Like KSA) and More National Cuts
Links for the day
Bing Might Shut Down - Just Like Skype Did - Some Time in the Coming Months/Years (Parts of It Already Shut Down)
they try to bring the losses under control
Your Real Ally Would Not Defend the Company of SLAPP and Strangling of Women
who's left to tell us what's true?
Breakdown of Microsoft Layoffs Shows It's About Cost, Not Performance or Hype (Like "AI")
MSN (Microsoft) reposted this with some unnecessary spin
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025