01.15.17

Gemini version available ♊︎

Number of New Patent Cases in the US Fell 25% Last Year, Thanks in Part to the Demise of Software Patent Trolls

Posted in America, Courtroom, Patents at 11:29 am by Dr. Roy Schestowitz

The legal paper ‘industry’ is walking away, gradually

Moving paperwork

Summary: Litigation and prosecutions that rely on patents (failure to resolve disputes, e.g. by sharing ideas, out of court) is down very sharply, in part because firms that make nothing at all (just threaten and/or litigate) have been sinking after much-needed reform

IN ORDER to understand what goes on in the mysterious (or cryptic) world of patent trolls we often turn to IAM ‘magazine’, which is paid by some trolls to embellish or soften their image. We read IAM ‘magazine’ very critically and try to extract from it some morsels of information. The other day we saw IAM ‘magazine’ conflating patents with “markets” again, as if patents are products up on the shelf or something (to trolls they are). It was also writing about this patent troll which got fed by Stanford University, whose patents were derived from publicly-funded research. To quote some background to this:

WiLAN has stepped up its campaign against the growing personal digital assistant market filing six lawsuits before and after Christmas against a series of big tech companies including Amazon and HTC over patents that underpin Siri, the popular electronic assistant on Apple devices. The most recent case was filed on Tuesday against ZTE in district court in Delaware, bringing the total number of suits that the NPE’s subsidiary IPA Technologies has filed in this campaign to 11.

WiLAN acquired the patents in question in two tranches, including a package of nine grants in May 2016, from SRI International, a non-profit research institute which spun out of Stanford University more than 40 years ago. SRI began developing the technology for a voice-controlled electronic assistant following a grant from the US Defense Advanced Research Project Agency (DARPA), eventually setting up Siri Inc which was spun out as an independent entity in 2007 and was then bought by Apple in 2010.

We wrote about WiLAN many times before (6 years ago we named the person behind it, Jim Skippen). It’s regarded or understood to have become a pain in the bottom to a lot of Linux/Android OEMs, not just to companies like Apple. It’s a destructive entity which Canada should take shame — not pride — in.

The other day IAM also mentioned RPX, which is a massive troll that Microsoft joined 7 years ago. IAM wrote about it in the context of litigation decline — a subject which we covered here many times in the latter half of 2016. America Invents Act and PTAB had a lot to do with this decline, as IAM admits:

The headline numbers for the 2016 litigation year in the US were out last week and showed a big drop in the total number of new patent infringement cases. According to Unified Patents there were 4,382 new cases, a drop of almost 25% on the 2015 figure. That is the lowest level since 2011 when the America Invents Act (AIA) came into force and new joinder rules had a significant inflationary effect on litigation volume.

RPX also released some stats and included a numbers of interesting data points. Among them was a big fall in the number of NPE campaigns against companies with revenues of $50 billion or more. Those companies are, of course, typically among the most popular targets for licensing efforts but they’re also the ones most likely to fight back in long, drawn-out lawsuits.

RPX basically speaks of itself, as it tends to engulf and attack large entities. After Alice and some of the aforementioned reforms we don’t expect RPX to find quite the same level of ‘success’ (shakedown). In fact, like many other trolls we hope it will cease operations. We know for a fact that Intellectual Ventures is suffering and even laying off a lot of staff.

The patent microcosm, growingly irritated by the sharp drop in litigation, is already sucking up to Donald Trump, hoping that he will put someone corrupt like Randall R. Rader in charge, assuring regressions in law. On the other hand, Matt Levy, who opposes patent maximalism and calls for further patent reforms, has just published these suggestions to the Trump Administration, focusing in particular on patent trolls (a side effect or symptom of low patent quality):

What the new administration should be doing with patents

[...]

Continue to Fight Patent Trolls

It is true that patent troll litigation dropped in 2016, but according to a recent RPX report, nearly all of that drop is due to fewer lawsuits against very large, well-funded companies. Patent trolls seem to be shifting their focus to smaller businesses that can’t afford to defend themselves effectively. Trolls’ venue of choice continues to be the Eastern District of Texas, as I’ve written about a number of times.

A new paper by Brian Love and James Yoon confirms why this is true: patent trolls use the Eastern District of Texas (EDTX) because its procedures increase costs for defendants quickly. In fact, 90 percent of cases there are filed by patent assertion entities. The paper also shows that only 18 percent of EDTX cases have any local link to the original inventor, original patent owner, or the first named defendant. By comparison, nearly 88 percent of the cases filed in the Northern District of California (which includes Silicon Valley) have such a link to the district.

The reality is that we need venue reform. Congress needs to fix the patent venue statute so that patent owners can’t sue a company virtually anywhere. The evidence is simply undeniable that patent trolls are taking advantage of a court with overly friendly rules in order to extort money, and there’s no reason to allow this to continue any longer.

Do No Harm on Patentable Subject Matter

With recent Supreme Court decisions, there has been a lot of handwringing about the patentability of software, diagnostic methods, and certain biotech inventions. There have even been proposals to do away with the patent-eligibility requirement altogether.

Congress needs to let the law develop slowly. The courts are gradually coming to some reasonable interpretations based on previous case law, and that’s as it should be. There are a lot of stakeholders with competing interests, and the best way to develop this law is a bit at a time. Yes, it’s painfully slow, but it’s the way our legal system works.

These calls to “do away with the patent-eligibility requirement altogether,” (or at least weaken them) as Levy puts it, were often funded by companies like IBM and Microsoft, which paid a former USPTO Director (David Kappos) to become their lobbyist and undermine Alice, bringing back software patents in a crooked fashion that’s akin to bribery of officials.

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. IRC Proceedings: Friday, January 28, 2022

    IRC logs for Friday, January 28, 2022



  2. Links 28/1/2022: GStreamer 1.20 RC1 and DXVK-NVAPI 0.5.2

    Links for the day



  3. Microsoft Staff Trying to Subvert the Freedom of Gemini (Without Disclosure of the Paymaster)

    Looking back at the past couple of years, it seems like Microsoft staff and boosters were more than eager to steer developers away from freedom and into Microsoft's cage



  4. Gemini Gone Mainstream: German Media Now in Geminispace

    With the likes of TAZ embracing Geminispace/Gemini Protocol we seem to have reached some sort of inflection point; taz.de did in fact add official presence to Geminispace



  5. Links 28/1/2022: LSFMM 2022 and 2021 UI Study Results From Elementary's Distro

    Links for the day



  6. IRC Proceedings: Thursday, January 27, 2022

    IRC logs for Thursday, January 27, 2022



  7. Links 28/1/2022: GNU Poke 2.0 and OPNsense 22.1 Released

    Links for the day



  8. Links 27/1/2022: Archinstall 2.3.1 and Nix 2.6.0

    Links for the day



  9. On the Internet, Trust Should Not Become Centralised

    “Trust” is a word that lost its meaning in the era of “TPM” and fancier names for 'Palladium'; we need to reject this idea that computers need to check with Microsoft if the operating system is trusted (not just Windows!), check with Gulag/Chrome if a Web site is trusted, and whether it's OK to run some application/s on one's own computer (as if Jim Zemlin et al get to decide what is trusted)



  10. Microsoft-Connected Publishers Suffer and Perish With Microsoft (While Peddling 'Fake News' for Their Beloved Sponsor)

    IDG and other fake news outlets/networks/sites (selling to companies flattering articles about themselves or renting out 'news space' to them, not just ad space) want us to think Microsoft is doing very well, but it's just that same old Ponzi scheme



  11. Links 27/1/2022: Mabox Linux 21.11 Herbolth and PipeWire 0.3.44

    Links for the day



  12. IRC Proceedings: Wednesday, January 26, 2022

    IRC logs for Wednesday, January 26, 2022



  13. [Meme] EPO: Pursuing an Eastern and Western District of Europe (for Patent Trolls and Software Patents)

    With the EPO so flagrantly lying and paying for misinformation maybe we should expect Benoît Battistelli and António Campinos to have delusions of grandeur… such as presiding over the Eastern and Western District of Europe, just like Mr. Gilstrap and Mr. Albright (political appointment by Donald Trump, ushering in “the swamp”)



  14. Gemini at 2,000: 86% of Capsules Use Self-Signed Certificate, Just Like the Techrights Web Site (WWW)

    As shown in the charts above (updated an hour ago), the relative share of ‘Linux’ Foundation (LE/LF; same thing, same office) in the capsules’ certificates has decreased over time; more and more (in terms of proportion) capsules choose to sign their own certificate/s; the concept of ‘fake security’ (centralisation and consolidation) should be rejected universally because it leaves nobody safe except plutocrats



  15. [Meme] UPC: Many Lies as Headlines, Almost Exclusively in Publishers Sponsored by EPO and Team UPC to Produce Fake News (Lobbying Through Misinformation)

    Lest we forget that EPO dictators, like Pinky and the Brainless Benoît Battistelli and António Campinos, have long littered the EPO's official Web site as well as publishers not directly connected to the EPO (but funded by it) with disinformation about the UPC



  16. EPO as the 'Ministry of Truth' of Team UPC and Special Interests

    The 'Ministry of Truth' of the patent world is turning the EPO's Web site into a propaganda mill, a misinformation farm, and a laughing stock with stock photography



  17. Microsoft 'Delighted' by Windows 11 (Vista 11) Usage, Which is Only 1% Three Months After Official Launch and Six Months After Release Online

    Microsoft boosters such as Bogdan Popa and Mark Hachman work overtime on distraction from the failure Vista 11 has been (the share of Windows continues to fall relative to other platforms)



  18. Links 27/1/2022: Preinstalled GNU/Linux (Ubuntu) and Arch Linux-Powered Steam Deck 30 Days Away

    Links for the day



  19. Don't Fall for Microsoft's Spin That Says Everything is Not Secure and Cannot be Secured

    Microsoft keeps promoting the utterly false concept that everything is not secure and there's nothing that can be done about it (hence, might as well stay with Windows, whose insecurity is even intentional)



  20. At Long Last: 2,000 Known Gemini Capsules!

    The corporate media, looking to appease its major sponsors (such as Web/advertising giants), won't tell you that Gemini Protocol is rising very rapidly; its userbase and the tools available for users are rapidly improving while more and more groups, institutions and individuals set up their own capsule (equivalent of a Web site)



  21. Links 26/1/2022: Gamebuntu 1.0, PiGear Nano, and Much More

    Links for the day



  22. IRC Proceedings: Tuesday, January 25, 2022

    IRC logs for Tuesday, January 25, 2022



  23. Links 26/1/2022: No ARM for Nvidia, End of EasyArch, and WordPress 5.9 is Out

    Links for the day



  24. Why the Unified Patent Court (UPC) is Still Just a Fantasy and the UPC's Fake News Mill Merely Discredits the Whole Patent 'Profession'

    Patents and science used to be connected; but now that the patent litigation 'sector' is hijacking patent offices (and even courts in places like Texas) it's trying to shove a Unified Patent Court (UPC) down the EU's throat under the disingenuous cover of "community" or "unity"



  25. Links 25/1/2022: Vulkan 1.3 Released, Kiwi TCMS 11.0, and antiX 19.5

    Links for the day



  26. Gemini Milestones and Growth (Almost 2,000 Known Gemini Servers Now, 39,000 Pages in Ours)

    The diaspora to Gemini Protocol or the transition to alternative 'webs' is underway; a linearly growing curve suggests that inertia/momentum is still there and we reap the benefits of early adoption of Gemini



  27. [Meme] Get Ready for Unified Patent Court (UPC) to be Taken to Court

    The Unified Patent Court (UPC) and Unitary Patent system that’s crafted to empower EPO thugs isn’t legal and isn’t constitutional either; even a thousand fake news 'articles' (deliberate misinformation or disinformation) cannot change the simple facts because CJEU isn’t “trial by media”



  28. The EPO Needs High-Calibre Examiners, Not Politicians Who Pretend to Understand Patents and Science

    Examiners are meant to obstruct fake patents or reject meritless patent applications; why is it that working conditions deteriorate for those who are intellectually equipped to do the job?



  29. Free Software is Greener

    Software Freedom is the only way to properly tackle environmental perils through reuse and recycling; the mainstream media never talks about it because it wants people to "consume" more and more products



  30. Links 25/1/2022: Git 2.35 and New openSUSE Hardware

    Links for the day


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