Bonum Certa Men Certa

'Celebrity' Patent Trolls and the Elusive Battle Against Patent Trolls (or Eastern District of Texas Courts) Rather Than Software Patents

Media continues to highlight the symptoms (personified), but not the core issue/s

Erich Spangenberg



Summary: Some of last week's more important reports, which serve to demonstrate how the system is attempting to tackle a side-effect of software patents rather than the patents themselves (their irrational scope)

"We are entering a Post-NPE world for patent litigation," Kevin Rhodes, 3M counsel, is quoted as saying at a recent AIPLA meeting. "NPE" is just a euphemism for one of the worst types of trolls (a "type" being the business model and structure/formation/master/modus operandi). 3M itself can be rather aggressive and litigious, as we noted here in past years (e.g. monopoly on a colour).



The post-patent trolls world is sadly not within sight, whereas the post-Alice world often means that a lot of software patents, including those that patent trolls are using, simply perish in courts (the innocent defendants still lose a lot of money in legal fees).

Among the active patent trolls there are some who stand out and are 'celebrities', so to speak. Some of them got mentioned in the media last week.

Erich Spangenberg



One such celebrity troll (shown above) was mentioned in this previous post about Spangenberg at/with Marathon. This notorious patent troll, Spangenberg, goes further and targets more geographies now (MIP took note of it last week). A pro-trolls site, IAM, says: "A couple of stories hit the news last week which might give some in the patent industry reason to hope that the market is beginning to turnaround. First up was the announcement that Erich Spangenberg was joining Marathon Patent Group as director of acquisitions, licensing and strategy."

According to MIP's summary: "Marathon Patent Group has named Erich Spangenberg as director of acquisitions, licensing and strategy. He will spend most of his time in Europe and Asia working with large corporate patent owners on monetisation opportunities" ("monetisation" is euphemism for shakedown using threats if not legal bullying as well).

Jay Mac Rust



Recall Jay Mac Rust, who sent out nastygrams to 16,465 businesses some years back, trying to effectively blackmail them using ludicrous patents. This has become an epic example of the harms of patent trolls. According to this new report, Jay Mac Rust is now being sued by the SEC. What took so long? To quote the report: "The SEC filed suit in Manhattan federal court against Jay Mac Rust, a Stephenville, Texas-based lawyer who also owns the litigious patent holder MPHJ Technology Investments LLC, and Christopher Brenner, a onetime Fulbright & Jaworski and Bracewell lawyer now at Houston’s Martin, Disiere, Jefferson & Wisdom. The SEC alleges that Rust and Brenner perpetuated a fraud by Atlantic Rim Funding, a purported loan company operated by “a convicted felon and recidivist securities law violator” who is identified in the complaint as “Individual X.” (The suit indicates that Individual X is currently serving a 20-year prison sentence following an unrelated criminal securities fraud prosecution.)"

VENUE Act



"EFF Patent Reform isn't going to happen," wrote a person who focuses on eliminating software patents. "Probably better to overturn the precedent that allows cases to be filed in EDTX" (Eastern District of Texas).

The above alludes to this news and open letter from the EFF. It wrote the following to Senator Grassley:

You know this better than anyone: patent trolls are not an academic issue for Iowa businesses. They’re a serious threat. In the words of Ames businessman and repeat troll target Al Meyers, "The harm is real, as it reduces the investments that can be made to make Iowa’s and the nation’s products more competitive in the world market."

We were glad when you told Politico that fighting trolls is still a top priority for you. EFF has a great deal of admiration for the Protecting American Talent and Entrepreneurship Act (PATENT Act), a bill that you shepherded into the Senate. But we were puzzled to hear that you’re not planning for the Senate Judiciary Committee to move forward with the Venue Equity and Non-Uniformity Elimination Act (VENUE Act), a bill whose reforms complement those in the PATENT Act perfectly.


We wrote about the VENUE Act more than half a dozen times and we don't think it will solve the biggest problems. It can cause inconvenience to patent trolls, but not eliminate them or their patents (usually software patents).

“I’m not going to give up on patent trolls,” Grassley told the press or the public. Here is one decent article about it, titled "Another patent reform bill just died in Congress". Here are the relevant parts:

But Politico’s Morning Tech reported earlier this week that Grassley is “not looking at the venue bill because approving a smaller measure could hurt the chances of moving something more comprehensive later.” Indeed, while many in the tech sector support limiting venue choice, they would prefer a complete bill that addresses all issues at once.

Still, Grassley told the site, “I’m not going to give up on patent trolls.” Yet whether Grassley’s determination to advance legislative patent reform can withstand the deadening inertia of election-year politics remains to be seen.


In the past, as we noted here repeatedly, Grassley was involved in patent reform [1, 2] and he also took on Microsoft and Bill Gates [1, 2, 3], so we have respect for his intentions and courage.

Javris Article and Ed Lee Paper



There is a relatively new scholarly paper whose headline (title) says "Patent Trolls: Moral Panics, Motions in Limine, and Patent Reform" and it was mentioned by Professor Crouch's site the other day. "I’ll highlight the Javris article once it is out," Patently-O wrote. "Meanwhile, you may want to check-out the article by Professor Ed Lee (Kent-IIT) titled Patent Trolls: Moral Panics, Motions in Limine, and Patent Reform. The article “provides the first empirical study of the use of the term “patent troll” by U.S. media.”"

Well, the definition of "patent troll" is quite clear and those who reject the term are unsurprisingly paid by patent trolls.

The problem popularly known as "patent trolls" is real, but debating it without context (like patent scope and a greedy patent office/courts with nepotism) is like speaking about the "war on terror" without entertaining the motivations, which include imperialism, economic disparity, religion and so on.

Recent Techrights' Posts

Gemini Links 12/03/2025: LLM Slop Lacks a Future, Wordle Clone Comes to Gemini Protocol
Links for the day
Using FUD That Blames "Linux" for Typos, Turning It Into LLM Slop That Blames "Linux" for Typos
It is probably the "leader" at LLM slop (fake 'articles') about "Linux"
Links 12/03/2025: Big Cuts to US Education and Science (e.g. NOAA)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 11, 2025
IRC logs for Tuesday, March 11, 2025
Crossbow murders: prevention, missed opportunities
Reprinted with permission from Daniel Pocock
This yt-dlp Bug Report Shows Us That the Future of YouTube is DRM and It's Time to Leave (yt-dlp Should Also Leave Microsoft GitHub, Which Censors YouTube Downloaders)
GAFAM traps aren't "free hosting"; they herd us all into a world of tollbooths and locks, surveillance and planned obsolescence (you own nothing, you only rent)
Ukraine Didn't Take Twitter/X Down, Microsoft or Windows Likely Did
There are many debunkings (to likely false accusations), but won't that just be another example of Windows TCO, exacerbated externally in the form of Windows botnets?
The Fall of the Open Source Initiative (OSI): Worse Than What the Media Has Focused on, Losing Sight of Who Owns and Runs the OSI
Members' dues are less than 3% of the income; where does the 97+ percent come from other than Microsoft?
Apple Seems to Have Run Out of Things to Boast About After Apple Vision Pro Failed Spectacularly
With "Apple Intelligence", Apple has finally named a product after what target customers lack
Slopwatch: Reckless FUD and Machine-Generated Spam from LinuxSecurity.com, cybersecuritynews.com, and gbhackers.com (Google Boosts LLM Slop About "Linux")
Google and so-called 'Google News' continue to yield anti-Linux misinformation
Gemini Links 11/03/2025: 'Chainsaw Politicians' and Proprietary Software Hell
Links for the day
Links 11/03/2025: Covid-19 5 Years On and Violence in Syria
Links for the day
Links 11/03/2025: NASA Besieged and "DOGE Has Become What It Claimed To Destroy"
Links for the day
Fresh IBM Layoffs Reported in Europe and North America, Jobs Allegedly Moved to South Asia (Low Salaries)
As usual, IBM does not talk about this
Illuminating Injustice is Critical When Reckless Microsofters and Law Firms Try to Silence Reporters of Violence Against Women
I want to clarify that I'm well within my right (and not running afoul of any rules) by explaining what goes on here
EPO Central Staff Committee: "The Strategy of the Office Lacks Transparency and Cannot be Understood"
Microsoft and the EPO violate data protection laws
Microsoft Has Not Much Left to Show Investors, Shares Fall Almost 20%
It's not even clear how Microsoft makes money anymore
Links 11/03/2025: Spring and Misfin Server
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 10, 2025
IRC logs for Monday, March 10, 2025
Latvia (and Lithuania) Stepping Away From GAFAM, Microsoft
Windows becomes unessential as Android and GNU/Linux rise
Microsoft Layoffs Are Infectious (Don't Get Acquired or Become a Partner)
It seems like companies choosing to become "buddies" with Microsoft are dooming themselves and their products
The Fall of the Open Source Initiative (OSI): The OSI Election is Rigged, Biased Against People Who Oppose the Openwashing of GPL-Violating Bots Operated by Microsoft for Profit (OSI Gets Paid to Promote This)
they reckon that pretence of calm would serve them best, helped by puff pieces
A Closer Look Inside the EPO, Courtesy of Benoît Battistelli's Submissive Lapdogs Roberta Romano-Götsch and Elodie Bergot
new report comes from the Local Staff Committee Munich (LSCMN)
In Vietnam, statCounter Sees Microsoft Windows Falling Below 7% "Market Share"
Can Microsoft still demand $500 or more per Windows licence?
Links 10/03/2025: Staff Strikes, Mass Layoffs in Gaming Industry
Links for the day
Gemini Links 10/03/2025: "Eat The Rich" and Two-Year Anniversary of the 'Space Elevator' Orbit (Like 'Webring')
Links for the day
Links 10/03/2025: Small Web Praised, LLM Chatbots Exposed as Worse Than Useless Again
Links for the day
A Call for GNU/Linux and BSD Developers to Unite Against GAFAM and the Regime They Empower
We have long encouraged and continue to encourage people who value Software Freedom to altogether boycott GAFAM
The Ludicrous Mythology of Commonality as Signal of Value, Merit, Popularity
Devalue what's true, promote marketing?
[Video] Richard Stallman on the Four Essential Freedoms (Manuel Cuda News, 2025)
Added to a channel several days ago by Manuel Cuda News
Gemini Links 10/03/2025: Realisation About Young People, Punks, and Discord IPO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 09, 2025
IRC logs for Sunday, March 09, 2025