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

It's Inevitable Anyway, So...
of course blame Chinese Communists for the "anti-AI" messages
Giving 'Free Publicity' to the People You Hate and Attack
Be careful what you wish for in social control media
Andrew Lee Has Turned Freenode Into a Slopfarm (Because Who Needs IRC Anyway?)
The site is churning out slop all day long
SLAPP Censorship - Part 168 Out of 200: When Choosing Clients Recklessly and Poorly Self-Harm is Inevitable
"If you're doing something hard and nobody hates it, you probably aren't doing it. If the right people hate it and those people happen to be some of the worst people alive, so much the better."
 
Gemini Links 02/09/2026: Intentions, Publishing on Workstations, and Connectivity Standards Alliance (CSA)
Links for the day
GNU/Linux Reaches 6% in Nepal
Today I checked GNU/Linux in Nepal again
SLAPP Censorship - Part 169 Out of 200: Calling People "Nazis"
'Cancel culture' in action
GNU Turns 43 This Month, GNU/Linux Turns 35 Next Year
It seems like no area of computing has not been impacted by the GNU/Linux revolution
Uber Debt Grew 2.5 Billion Dollars in 3 Months, Company Lays Off at Least 10% of Workforce
The media repeats the "official" numbers
Links 02/09/2026: The Machine Stops, AuraSearch, and DOOM 1/2
Links for the day
1-1 Meetings at IBM This Week, PIPs Expected, Maybe RAs Too
As usual, we invite whistleblowers to tell us what's going on
Links 02/09/2026: Germany Blames Russia for Leipzig Airport Drone Attack and China Gains Power as US Faces Humiliation in the Midst of Presidential Cover-up
Links for the day
Quit Talking About "AI Layoffs" and Talk About How Chatbots and Other Bots Broke Recruitment Processes by Cheating
Bots talking to other bots isn't HR; it's a catastrophe
Robotics Isn't "Hey Hi", Robotics Isn't New Either
Is the official Arduino blog becoming shilling platform for Qualcomm's "hey hi" [so-called 'intelligent'] chips?
Today We'll Focus on Growth of GNU/Linux
We've meanwhile noticed that Clownflare statistics for north American nations show 19% of requests (CDN) originating from GNU/Linux
IBM Secret (or Silent) Layoffs in September 2026
We need whistleblowers
Gemini Links 02/09/2026: GAFAM's E-mail Cartel, ROOPHLOCH 2026, and Homeworlds
Links for the day
Not Only Microsoft and IBM Hide Layoffs (Secret Layoffs) and Fail to Follow the Law (or Bypass It)
Microsoft's tactics are not so unique
People Who Participate in the Slop Plagiarism Pyramid Scheme and the Moral Dilemma (What's Acceptable for a Salary?)
giant pyramid scheme
State of the Slop, Linux Edition
Whether slop about "linux" becomes rarer by the end of this year, well... time will tell
Links 02/09/2026: 'Open' 'AI' (Proprietary Slop Plagiarism) Destroying Evidence, "Data Center Backlash Has Officially Rattled Scam Altman"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 01, 2026
IRC logs for Tuesday, September 01, 2026
FSF Staff Uses 'CoC' to Stop Conversation About Autistici/Inventati in Relation to Free Software
The list is already heavily moderated
IBM Allegedly Stopped Hiring (This Tends to Coincide With Mass Layoffs)
Is a hiring freeze an echo of layoffs? Yes, definitely.
Something Big is Happening at IBM This Week/Month
Some people at IBM (and Red Hat) are panicking
Gemini Links 01/09/2026: Biscuits, Epstein Files, Power Users, and Alhena 5.6.8
Links for the day
Links 01/09/2026: Almost 5,000 Missing/Dead in Nepal-China Flood and Marijuana Factory Explodes
Links for the day
September at IBM: Silent Layoffs on Day 1
PIPocalypse at IBM
Last Month IRC Entered Its 39th Year and It's Still Growing (New IRC Networks)
There are 511+ known IRC networks
Links 01/09/2026: Climate, Disinformation, Microsoft Overworking People
Links for the day
Richard Stallman's Site Still Offline (Third Day), But Richard Stallman is Active Online
he is busy online despite his site not being accessible so far this week
PIP Layoffs at Microsoft, Even in India
Microsoft is trying to hide the true scale of the layoffs
Layoff Trackers Are a Sham, They're Like US 'Unemployment Data'
Layoff trackers are similarly misleading as they only measure what companies openly admit and register with WARN notices
The Peculiar Case of OSNews, Which Experiments With Slopfarming
It wasn't published in error. It has been there for two months.
Russian Federation is Removing Windows From Computers
Windows is going "out of fashion"
XBox CEO Has No Clue What She is Selling
Some people believe Microsoft will parcel and offload the whole "gaming" unit to some other companies
analognowhere.com and xkcd.com Selling Physical Copies of Webcomics
That's one way to support their work
PIP/GVSA at Microsoft: Mass Layoffs Disguised as Something Else
Microsoft is trying to cheapen the workforce because the numbers don't add up
Microsoft Lunduke Uses Twitter ("X") Because It's Algorithmically Designed to Boost His Worldview/s, He Ignores What "X" Is
Maybe all those people really deserve one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 31, 2026
IRC logs for Monday, August 31, 2026
Censorship by Threats
It should be noted that the Web site of Richard Stallman will soon enter its third day of downtime
In Romania, GNU/Linux Reaches 6%, According to Clownflare
Tomorrow we'll see the latest data from statCounter (for September)
Gemini Links 01/09/2026: Denali Park Train Trip, Crafts, and Community-Building in smol.pub
Links for the day
Microsoft Workers Doing 80 Hours a Week After Microsoft Culled Their Colleagues
there are days when they work 17 hours a day (barely any time left to sleep and eat) and work starts at 5AM
IBM Defrauds Shareholders With Fake News (Bribed Press) About "Quantum"
That says a lot about the state of "Tech Giants" and also the utterly shameless state of the media
Record Highs for GNU/Linux, Especially in the United States of America
the "market share" of GNU/Linux is about 9%, still about a third of what Vista 11 stands at
PIPocalypse at IBM
Silent layoffs
Spending Over a Million Bucks on Lawsuits Abroad When There's a Big Mortgage to Pay in America
Priorities, priorities...
Gemini Links 31/08/2026: Announcing ROOPHLOCH 2026, smol.pub Discussion, and LLM Plagiarism Engines Target Geminispace
Links for the day
Richard Stallman's GNU Turns 43 in 4 Weeks, FSF Growing
In a few weeks GNU turns 43
IBM's Cuts Are Worsening Security in GNU/Linux
IBM is still run by the same idiot who proposed taking over Red Hat
Microsoft: Work Weekends Too
Microsoft literally working its workers to death
Links 31/08/2026: Anthropic Sued Again for Copyright Infringement of Massive Scale, 'Tokenmaxxing' Shows Slop is a Worthless Liability
Links for the day
Links 31/08/2026: "Teslas Are Still Driving Into Oncoming Freight Trains" and "LLM Moats Quickly Evaporating"
Links for the day
Stallman Has Explained Slop is "Marketing Hype Campaign" and Torvalds Agreed. The Difference is the Bribes.
So be like Stallman
Debian Project Discards About 25% of the Votes on LLM Slop, Microsoft Votes in the General Resolution (GR)
"[t]he rules of the vote saw community members asked to rank each of the eight proposals. Just under 600 people voted, but Debian’s election team rejected many for unspecified reasons, leaving almost 450 valid votes to count."
Essentiality of Rest and Killing Oneself for Vicious Companies
Working for Microsoft is foolish
In the UK, Bing (Microsoft) Down to Lowest Level Since January
our tax money being passed to Microsoft via MoUs (back door deals with kickbacks)
SLAPP Censorship - Part 167 Out of 200: The Court of Appeal Might be the Next Step
Today is our last vacation day
German Government Sponsors IBM Because of GNU/Linux
Flatpak is sponsored by, run, and controlled by IBM
Richard Stallman Speaks to Christine Hall of FOSS Force, stallman.org is Down for Over a Day
interview does a good job addressing the hype about LLMs too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 30, 2026
IRC logs for Sunday, August 30, 2026
Gemini Links 31/08/2026: Holidays, Stream of Consciousness, and Posting Online
Links for the day