Bonum Certa Men Certa

Patent Trolls in the Headlines: TC Heartland, University of Florida, Hilco, and Uniloc

Taking out software patents and EDTX would take out many trolls, which would then inhibit large patent aggressors

BlackBerry may have a brighter future monetizing patents than as a software developer Reference: BlackBerry may have a brighter future monetizing patents than as a software developer



Summary: The latest news about patent trolls in the United States and the ongoing challenges against them, courtesy of the Supreme Court (SCOTUS), the Patent Trial and Appeal Board (PTAB), USPTO transparency (records of reassignment), and Apple's deep pockets

THE SCOTUS will soon determine whether patent trolls can drag their victims to Texas (or elsewhere, typically where judges are trolls-friendly), adding to Alice that has already contributed to patent improvements at the USPTO (software is more difficult to patent, albeit not impossible). These developments are truly encouraging, as they lend to the perception that the American economy will be friendlier towards producing firms, not parasites.



"These developments are truly encouraging, as they lend to the perception that the American economy will be friendlier towards producing firms, not parasites."Professor Dennis Crouch, a patents-centric academic, looks deeper into the oral arguments in TC Heartland LLC v Kraft Foods (the above-mentioned SCOTUS case that may soon weed out patent trolls). Here are some of his observations:

Chief Justice Roberts, who tends to focus on precedent, seems to also agree that congressional action since then had no intent to overrule the patent venue cases...

[...]

Only a small portion of the discussion involved policy questions of the focus of patent cases in E.D. of Texas and the pending congressional legislation.

[...]

Big picture here – the statutory interpretation is messy enough that there is not a clean pathway to an answer for the Supreme Court. If we have a reversal – we’ll see more big changes to patent litigation.


Several days ago we wrote about another analysis -- that one behind a paywall -- which concluded from the questions asked that SCOTUS would likely overturn the case, i.e. deal a lethal blow to patent trolls. We are still not sure when a written determination will be delivered, but it's probably some time soon. The name TC Heartland might thereafter reverberate across the legal sphere for years if not decades (just like Alice). We certainly look forward to that.

"The name TC Heartland might thereafter reverberate across the legal sphere for years if not decades (just like Alice)."The patent trolls' voice, IAM, obviously worries about the above case. IAM must be worried that its Sugar Daddies, patent trolls, may be out of business (some already are). Based on what IAM wrote yesterday, it now expects more taxpayers-funded patents to attack the taxpayers. Does IAM explain it like that? Of course not, it's not part of the agenda. IAM wrote: "With the threat [sic] of inter partes reviews (IPR) hanging over any patent owner looking to assert its rights in the US, there’s bound to be interest in rulings that could help to give potential defendants a shield from prospective challenges. Thus, a PTAB decision in January in the case Covidien LP v University of Florida Research Foundation Inc has not surprisingly attracted a lot of attention for possibly giving state universities sovereign immunity from IPR petitions."

"IPRs are scary to sites like IAM (which routinely attacks PTAB over it) because they are scary to trolls, to whom IAM is like a front group."IPRs are not a "threat" but a quality control mechanism that serves to protect the system from abuse/misuse. The reason one cannot sue without a patent is in itself a protection against baseless assertions, inside or outside the court (examiners must first approve merit of claims). IPRs are scary to sites like IAM (which routinely attacks PTAB over it) because they are scary to trolls, to whom IAM is like a front group.

Speaking of IAM and trolls, Blackberry the patent troll (it sues companies through the rocket docket in Texas) passes patents to another patent troll and here is how IAM covered that yesterday:

Blackberry appears to have made a second significant patent disposal in the course of its turnaround strategy, in a deal facilitated by the relatively new IP transactions team at Hilco Global. The transaction history of the shell company that acquired the portfolio points toward a Chinese smartphone company as the possible buyer.

USPTO records show 24 separate assignments of a single patent right between an entity called “Hilco Patent Acquisition 55, LLC” and Golden Valley Holdings Limited. The assignments were all executed on 25th January, and were recorded between 23rd February and 8th March. A document attached to the latest assignment appears to lay out the full schedule of US and foreign rights being transacted – 177 assets in all, among them 31 US patent grants and applications.


A sign of things to come? Certainly. Expect Hilco to go after phone manufacturers (probably Android), either publicly or behind closed doors, as the screenshot above suggests. That's just pure patent trolling.

"Expect Hilco to go after phone manufacturers (probably Android), either publicly or behind closed doors, as the screenshot above suggests."In other news about trolls, Uniloc is back and it is using Apple again. Apple-centric sites say "the '852 patent for "Remote update of computers based on physical device recognition" covers a method of securely updating a user device with a software payload authenticated and received over the internet."

That's just a notorious software patent, which should be invalidated under Alice. Apple will hopefully challenge and bury this patent once and for all. Apple certainly has the financial means to not only cripple this troll but also large aggressors like Qualcomm.

Recent Techrights' Posts

Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
 
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market