12.29.16

Gemini version available ♊︎

2016 Was a Terrible Year for Patent Trolls and 2017 Will Probably be a Lot Worse for Them

Posted in America, Patents at 6:54 pm by Dr. Roy Schestowitz

New year

Summary: The US Supreme Court (SCOTUS) is planning to weigh in on a case which will quite likely drive patent trolls out of the Eastern District of Texas, where all the courts that are notoriously friendly towards them reside

MANY patents granted by the USPTO have become the basis for ruinous lawsuits filed by patent trolls, which may soon be dealt an unprecedented and much-needed blow.

Patent trolls are not just a minor nuisance or some small random parasitic companies without products; some of them are gigantic and many are covers (or fronts) for large corporation seeking to shield themselves from counterclaims. Consider this new story about “Cayman Global”, yet another ‘IP’ proxy, this time for Faraday Future. “The Verge reports that Faraday Future does not own its intellectual property, and that it is instead owned by a separate entity called FF Cayman Global,” Business Insider wrote the other day. Microsoft too has created its own patent assertion entity — the one it uses to taunt Linux and Android all the time.

Florian Müller and LWN have both highlighted this good article published on December 27th by Daniel Nazer of the EFF. To quote: “Patent trolls were down but certainly not out in 2016. After a massive burst of litigation at the end of last year, we saw a noticeable drop in patent troll lawsuits at the start of this one. But trolls began returning to court as the year continued and 2016 will likely end with a relatively small overall decline. Consistent with recent trends, troll cases clustered in the Eastern District of Texas. Approximately one in three patent suits were filed in that remote, troll-friendly district, and these suits were almost all filed by companies with no business other than suing for patent infringement.”

“Microsoft too has created its own patent assertion entity — the one it uses to taunt Linux and Android all the time.”A lot of patent trolls lose their battles as software patents reach the wastebasket or never get used at all (due to low certainty of settlement/prosecution).

In 2017 we expect the case that will likely destroy trolls to be decided on by SCOTUS. This new article by Sasha Moss, Technology Policy Fellow at the R Street Institute, says that the “U.S. Supreme Court announced earlier this month it will hear the appeal of a patent infringement case brought by Kraft Foods Group Brands LLC against zero-calorie sweetener manufacturer TC Heartland LCC.”

Even lawyers’ sites wrote about this, e.g. “Will forum shopping days, like holiday shopping days, soon come to an end?”

“Only the more ‘extremist’ sites of (and for) patent lawyers, as we noted here before, prefer to say that nothing will change.”Professor Michael Risch wrote about this case that Patently-O, where he wrote/published his piece, predicts is going to kill patent trolls’ business model. To quote Risch, “I should note that the outset that I favor TC Heartland’s position from a policy point of view. I’ve long said in a variety of venues (including comment threads on this very blog) that there are significant problems with any system in which so much rides on where the case is filed. And I think that’s true whether you think they are doing a great or terrible job in the Eastern District of Texas.”

Only the more ‘extremist’ sites of (and for) patent lawyers, as we noted here before, prefer to say that nothing will change. We shall see next year, but the one newly-introduced factor will be the Republican government and perhaps several new appointments of Justices.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Thomas Magenheim-Hörmann in RedaktionsNetzwerk Deutschland About Declining Quality and Declining Validity of European Patents (for EPO and Illegal Kangaroo Courts)

    Companies are not celebrating the “production line” culture fostered by EPO management, which is neither qualified for the job nor wants to adhere to the law (it's intentionally inflating a bubble)



  2. Links 30/03/2023: HowTos and Political News

    Links for the day



  3. Links 30/03/2023: LibreOffice 7.5.2 and Linux 6.2.9

    Links for the day



  4. Links 30/03/2023: WordPress 6.2 “Dolphy” and OpenMandriva ROME 23.03

    Links for the day



  5. Sirius is Britain’s Most Respected and Best Established Open Source Business, According to Sirius Itself, So Why Defraud the Staff?

    Following today's part about the crimes of Sirius ‘Open Source’ another video seemed to be well overdue (those installments used to be daily); the video above explains to relevance to Techrights and how workers feel about being cheated by a company that presents itself as “Open Source” even to some of the highest and most prestigious public institutions in the UK



  6. IRC Proceedings: Wednesday, March 29, 2023

    IRC logs for Wednesday, March 29, 2023



  7. [Meme] Waiting for Standard Life to Deal With Pension Fraud

    The crimes of Sirius ‘Open Source’ were concealed with the authoritative name of Standard Life, combined with official papers from Standard Life itself; why does Standard Life drag its heels when questioned about this matter since the start of this year?



  8. Former Staff of Sirius Open Source Responds to Revelations About the Company's Crimes

    Crimes committed by the company that I left months ago are coming to light; today we share some reactions from other former staff (without naming anybody)



  9. Among Users in the World's Largest Population, Microsoft is the 1%

    A sobering look at India shows that Microsoft lost control of the country (Windows slipped to 16% market share while GNU/Linux grew a lot; Bing is minuscule; Edge fell to 1.01% and now approaches “decimal point” territories)



  10. In One City Alone Microsoft Fired Almost 3,000 Workers This Year (We're Still in March)

    You can tell a company isn’t doing well when amid mass layoffs it pays endless money to the media — not to actual workers — in order for this media to go crazy over buzzwords, chaffbots, and other vapourware (as if the company is a market leader and has a future for shareholders to look forward to, even if claims are exaggerated and there’s no business model)



  11. Links 29/03/2023: InfluxDB FDW 2.0.0 and Erosion of Human Rights

    Links for the day



  12. Links 29/03/2023: Parted 3.5.28 and Blender 3.5

    Links for the day



  13. Links 29/03/2023: New Finnix and EasyOS Kirkstone 5.2

    Links for the day



  14. IRC Proceedings: Tuesday, March 28, 2023

    IRC logs for Tuesday, March 28, 2023



  15. [Meme] Fraud Seems Standard to Standard Life

    Sirius ‘Open Source’ has embezzled and defrauded staff; now it is being protected (delaying and stonewalling tactics) by those who helped facilitate the robbery



  16. 3 Months to Progress Pension Fraud Investigations in the United Kingdom

    Based on our experiences and findings, one simply cannot rely on pension providers to take fraud seriously (we’ve been working as a group on this); all they want is the money and risk does not seem to bother them, even when there’s an actual crime associated with pension-related activities



  17. 36,000 Soon

    Techrights is still growing; in WordPress alone (not the entire site) we’re fast approaching 36,000 posts; in Gemini it’s almost 45,500 pages and our IRC community turns 15 soon



  18. Contrary to What Bribed (by Microsoft) Media Keeps Saying, Bing is in a Freefall and Bing Staff is Being Laid Off (No, Chatbots Are Not Search and Do Not Substitute Web Pages!)

    Chatbots/chaffbot media noise (chaff) needs to be disregarded; Microsoft has no solid search strategy, just lots and lots of layoffs that never end this year (Microsoft distracts shareholders with chaffbot hype/vapourware each time a wave of layoffs starts, giving financial incentives for publishers to not even mention these; right now it’s GitHub again, with NDAs signed to hide that it is happening)



  19. Full RMS Talk ('A Tour of Malicious Software') Uploaded 10 Hours Ago

    The talk is entitled "A tour of malicious software, with a typical cell phone as example." Richard Stallman is speaking about the free software movement and your freedom. His speech is nontechnical. The talk was given on March 17, 2023 in Somerville, MA.



  20. Links 28/03/2023: KPhotoAlbum 5.10.0 and QSoas 3.2

    Links for the day



  21. The Rumours Were Right: Many More Microsoft Layoffs This Week, Another Round of GitHub Layoffs

    Another round of GitHub layoffs (not the first [1, 2]; won’t be the last) and many more Microsoft layoffs; this isn’t related to the numbers disclosed by Microsoft back in January, but Microsoft uses or misuses NDAs to hide what’s truly going on



  22. All of Microsoft's Strategic Areas Have Layoffs This Year

    Microsoft’s supposedly strategic/future areas — gaming (trying to debt-load or offload debt to other companies), so-called ‘security’, “clown computing” (Azure), and “Hey Hi” (chaffbots etc.) — have all had layoffs this year; it’s clear that the company is having a serious existential crisis in spite of Trump’s and Biden’s bailouts (a wave of layoffs every month this year) and is just bluffing/stuffing the media with chaffbots cruft (puff pieces/misinformation) to keep shareholders distracted, asking them for patience and faking demand for the chaffbots (whilst laying off Bing staff, too)



  23. Links 28/03/2023: Pitivi 2023.03 is Out, Yet More Microsoft Layoffs (Now in Israel)

    Links for the day



  24. IRC Proceedings: Monday, March 27, 2023

    IRC logs for Monday, March 27, 2023



  25. Links 27/03/2023: GnuCash 5.0 and Ubuntu 20.04 LTS on Phones

    Links for the day



  26. Links 27/03/2023: Twitter Source Code Published (But Not Intentionally)

    Links for the day



  27. IRC Proceedings: Sunday, March 26, 2023

    IRC logs for Sunday, March 26, 2023



  28. Links 26/03/2023: OpenMandriva ROME 23.03, Texinfo 7.0.3, and KBibTeX 0.10.0

    Links for the day



  29. The World Wide Web is a Cesspit of Misinformation. Let's Do Something About It.

    It would be nice to make the Web a safer space for information and accuracy (actual facts) rather than a “Safe Space” for oversensitive companies and powerful people who cannot tolerate criticism; The Web needs to become more like today's Gemini, free of corporate influence and all other forms of covert nuisance



  30. Ryan Farmer: I’m Back After WordPress.com Deleted My Blog Over the Weekend

    Reprinted with permission from Ryan


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts