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 21/08/2025: The Attraction of Back Alleys, Initramfs, and BSD ISPs
Links for the day
On the Internet, Nobody Knows Microsoft and Windows Are Becoming Niche Players Until Data is Shown Correctly, Not Microsoft-Sponsored Articles in Microsoft Publishers
Microsoft controls a lot of publishers and thus it controls information
 
Links 21/08/2025: Covid Cases on the Rise, "Social Media Trolls", Russia's Attacks Intensify
Links for the day
Links 21/08/2025: Stephanie Shirley Dies and "Groklaw Domain Hijacked?"
Links for the day
Search in 2025 (Age of DDoS Attacks Under the Guise of "AI" "Innovation")
One common concern when things go "live" is that any random bot out there can execute queries, pumping up RAM and CPU usage, as happened when we used MediaWiki and WordPress
Using Slop for Images Does Not Make Your Site Look Advanced or Witty, It Just Makes Your Whole Work Look Like Presumed Plagiarism
Lazy slobs and Serial Sloppers use the guise/excuse of "AI" to plagiarise and spam the Web
Financing of the "Hey Hi" (AI) Bubble by Those Who Profit From Planetary Destruction (Global Warming)
It's about personal gain, too
Richard Stallman Will Speak in Ethereum Cypherpunk Congress
it's good to see that the FSF pays considerable respect to it founder, who is moreover invited to speak at events
(At Least) Second Wave of Mass Layoffs in Microsoft This Month
This is not the first time this month that Microsoft has mass layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 20, 2025
IRC logs for Wednesday, August 20, 2025
IBM Operatives Inside The Register MS and More Shady Money to Follow
The Register MS bites every banknote it can sink its teeth into
Slopwatch: Serial Sloppers and Slopfarms in Google News (e.g. Linux Journal and WebProNews)
Google plays an active role (if not deliberately then through utter neglect and carelessness) in plagiarism
Links 20/08/2025: Mass Surveillance Framed as "Artificial Intelligence" (All Old Things Reworded to Misframe Old Computer Issues), Europe Resists Capitulation to US(SR)
Links for the day
Gemini Links 20/08/2025: Trips and Permacomputing
Links for the day
Links 20/08/2025: Oracle Layoffs in India, "AI" Scammers/Profiteers Admit It's a "Bubble", Softbank-Saudi (Oil) Control Tech Companies
Links for the day
Social Control Networks Give You False Metrics to 'Addict' You To Them
Leaving social control media may seem hard, but the same is true for any other addiction
A Lot of What Happened in Twitter Was Bots, Botfarms, and Troll Farms. It's Even Worse Now (Under X.com) and People Are Noticing.
Last month we said the same was happening in YouTube
Microsoft May Have Become - at Least Partially - Like a Boiler Room Scam
Giving imaginary salaries using imaginary tokens based on imaginary value (with restrictions on conversion to cash)
In Vietnam, Microsoft's Search Engine "Market Share" Fell to Almost 0%, CocCoc More Than 5 Times Bigger
Why are people still investing in this company?
All That's Left of MSNBC (Microsoft-NBC) is Microsoft NOW
When plutocrats and large corporations (even deep in debt) buy all the communication channels
The Register MS, Paid to Promote "AI" Hype, Does "Sez" (Says) Pieces
every bubble-funded "news" site tries to make it a story about "AI"
Many Companies Are Run by Liars Who Ride Other People's Money
Or steal it
Before CoreAI There Was Builder.ai
GitHub isn't about "AI" (just a bunch of lies and storytelling for shareholders' patience)
Microsoft Windows in Croatia at New Lows
We've been keeping track of this trend for a while
Using the Best Tool/s for the Job: RSS Feeds and RSS Readers
Use RSS feeds. Reject those "modern" Web things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 19, 2025
IRC logs for Tuesday, August 19, 2025
Gemini Links 20/08/2025: Neovim, XML, and Alhena 5.2.9
Links for the day
Accessibility Isn't Overrated
Making things simpler typically means better accessibility
The Register's Slopfest
Remember when The Register UK (yes, UK) had better standards?
Latest Version of Windows (Vista 11) is a Failure 4 Years After Its Fake 'Leak'
Vista 11 became more scarce this month
Improving Our Archives
Our old archives are still accessed a lot. Making them better is well worth the investment.
Things One Learns as a Litigant in Person at the UK High Court
Don't fear the official manuals
Slopwatch: Lots of Fake Articles From Fake "Linux" Sites and About "Linux"
Google says it's committed to "AI" (it means slop, not AI); that seems like an excuse to dodge accountability
Links 19/08/2025: "Eavesdropping on Phone Conversations Through Vibrations" and Air Canada in Chaos
Links for the day
Gemini Links 19/08/2025: Niche Spaces and "AI Pasta Sauce"
Links for the day
Links 19/08/2025: "NASA Is Giving Up on Climate Change Science" and "Earth's Continents Are Drying Out at an Unprecedented Rate"
Links for the day
Microsoft said “GitHub and its leadership team will continue its mission as part of Microsoft’s CoreAI organisation.” But it's just an empty shell created earlier this year.
In short, it's not too clear what Microsoft has just done except dumping GitHub - i.e. mostly a Web site that loses a ton of money (it always lost money) - into some mysterious new bucket
Phil Wyett evidence & Debian Zizian plagiarism, modern slavery tendencies
Reprinted with permission from Daniel Pocock
IBM Layoffs in MCC, or Marketing, Communications and Corporate Social Responsibility (CSR)
IBM and Microsoft inflate their share price by circular financing
In Many Countries People Move Away From Vista 11
Vista 11 has been available for download for 4 years already, but adoption has been poor
Desktops/Laptops Fall to All-Time Lows in the UK, So Why Does British Media Quote a Famous Criminal on "End of the Smartphone Era"?
mobile usage (for Web access) has never been higher, based on an Irish surveyor, statCounter
The Groklaw Web Site Has Been Hijacked by Scammers
Groklaw.net isn't a safe site to access at this time
The Register MS gets Lazy, Uses Slop
Unlike 3-D renderings or "Classic" CG, slop images aren't quite original and definitely not fair use
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 18, 2025
IRC logs for Monday, August 18, 2025
Online Safety Act Does Not Tackle the Worst (and Biggest) Culprits
if our governments are serious about tackling online harms, then they need to look closely at GAFAM and social control media giants
Chat Control (1 and 2) in the European Union Sends the Wrong Message
This is an EU law
Slopwatch: Google News and Serial Sloppers (Fake Articles About "Linux")
Calling out the culprits
Gemini Links 19/08/2025: Digital Legacy and Chat Control
Links for the day