07.17.17

Gemini version available ♊︎

Anti-Patent Trolls Reform in the US Evolves Nicely and Rogue Judges Get Named, Shamed

Posted in America, Patents at 2:53 pm by Dr. Roy Schestowitz

Bob Goodlatte
Reference: Bob Goodlatte, a US politician who works towards positive reform

Summary: A quick look at today’s coverage regarding the battle against patent trolls in the US, as well as the patent microcosm’s war on the Patent Trial and Appeal Board (PTAB)

TECHRIGHTS published many articles about the USPTO over the weekend; there is plenty more on the way. The only good news (and reason for happiness amid EPO disasters) seems to come from judgments of the courts there, especially the higher courts. The US is gradually changing for the better, having previously become one of the world’s worst (China may soon inherit this title and maybe Europe, even though the UPC isn’t getting anywhere).

“Expect patent parasites to butt heads with technology companies, sometimes via front groups.”Managing IP, a site for patent maximalists, recently organised a PTAB event for the patent microcosm. It wrote about it today. PTAB, as we noted several times over the weekend, is an essential part of patent reform in the US. The patent maximalists attack it viciously, whereas practicing companies defend it. Expect patent parasites to butt heads with technology companies, sometimes via front groups.

Josh Landau, who works for the Computer and Communications Industry Association (CCIA), basically fronts for various large technology companies. Today (just hours ago) he published this very long article about “bad patents” and here is what’s said regarding PTAB:

The existence of an IPR doesn’t eliminate the ability of a patent owner to request one of these proceedings. If a request for one of these existing reexamination avenues comes in while an IPR is pending, then the PTO “may determine the manner in which the inter partes review or other proceeding or matter may proceed, including providing for stay, transfer, consolidation, or termination of any such matter or proceeding”. This authority is exactly what the PTAB uses when they combine multiple IPR petitions into a single proceeding. If a patent owner were to, for example, tell the PTAB that it would prefer to cancel its existing claims as unpatentable and proceed with reexamination on new claims, then the PTAB already has the ability to stay the IPR pending the reexamination, or even to terminate the IPR.

Thankfully, notable figures in US politics (prominent politicians in this domain) are quickly accepting that quality of patents — not number of patents — is what matters. They too have begun speaking about “bad patents” (such as software patents) and Managing IP — being the front that it tends to be — wrote this several hours ago:

US Representatives Darrell Issa and Bob Goodlatte have accused Judge Gilstrap of re-interpreting the law and the TC Heartland decision to keep as many patent cases as possible in his district. But one Eastern District of Texas lawyer told Managing IP this criticism is unfair and says Gilstrap’s recent four-factor test for determining regular and established place of business represents “outstanding judicial management”

So politicians have finally said the truth about this troll-feeding man. We mentioned him many times not because we’re obsessed with him but because he’s responsible for a vast number of troll “wins”. Yesterday, Dennis Crouch wrote about Genband v Metaswitch, a case of a patent troll against a British company. As we noted here before [1, 2], Rodney Gilstrap presided over this case in the Eastern District of Texas and now the case is at the Federal Circuit. Here is what Crouch wrote:

In what the court is calling Apple II, Federal Circuit wrote that the irreparable harm calculus can be met when “a sufficiently strong casual nexus relates the alleged harm to the alleged infringement.” In Apple III and Apple IV, the court further developed its statement, requiring “some causal nexus between [defendant’s] infringing conduct and [patentee’s] alleged harm” and “a causal nexus linking the harm and the infringing acts” respectively. Here however Federal Circuit suggests that the District Court may have applied to stringent of a nexus requirement when it demanded proof that “the patented features drive demand for the product” before finding irreparable harm. In particular, the appellate court suggested that a patentee need not prove its features are “the driver” of demand but instead may rely upon evidence of being “a driver”. The appellate court also re-oriented the focus of inquiry toward ensuring that the allegedly irreparable injury is being caused by use of the infringing features. This is obviously tricky in a multi-component situation.

As we noted last week, Gilstrap’s judgments tend to get overturned quite a lot by the Federal Circuit and this is why trolls want to go to the Eastern District of Texas. An advertisement would likely say “mistrial guaranteed” or “bring us all your trolls! We love trolls!”

“…Gilstrap’s judgments tend to get overturned quite a lot by the Federal Circuit and this is why trolls want to go to the Eastern District of Texas.”Meanwhile, worth noting is this blog post where IAM admits that Jack Ellis has left IAM (the fewer writers they have, the better). It turns out that a few weeks ago Apple bought some US patents from a troll. To quote, “Apple has acquired a group of 11 patents from Korean NPE Goldpeak, according to USPTO assignment records dated 29th June. The transaction, which was completed on 22nd May, involved assets originally owned by Pantech, which was once Korea’s second largest smartphone manufacturer, but filed for bankruptcy in 2014. The transaction was revealed by IAM’s former roving editor Jack Ellis, who left us a couple of months ago but is still keeping his IP eye in.”

It isn’t entirely clear if IAM is collapsing or something else is happening, but departures do happen and we mostly find IAM useful in tracking the behaviour of patent trolls (which IAM adores and accepts money from).

Hopefully, one day patent trolls will cease to be a problem simply because they will cease to exist.

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. The Letter EPO Management Does Not Want Applicants to See (or Respond to)

    A letter from the Munich Staff Committee at the EPO highlights the worrying extent of neglect of patent quality under Benoît Battistelli and António Campinos; the management of the EPO did not even bother replying to that letter (instead it was busy outsourcing the EPO to Microsoft)



  2. IRC Proceedings: Saturday, December 04, 2021

    IRC logs for Saturday, December 04, 2021



  3. EPO-Bribed IAM 'Media' Has Praised Quality, Which Even EPO Staff (Examiners) Does Not Praise

    It's easy to see something is terribly wrong when the people who do the actual work do not agree with the media's praise of their work (a praise motivated by a nefarious, alternate agenda)



  4. Tux Machines is 17.5 Years Old Today

    Tux Machines -- our 'sister site' for GNU/Linux news -- started in 2004. We're soon entering 2022.



  5. Approaching 100

    We'll soon have 100 files in Git; if that matters at all...



  6. Improving Gemini by Posting IRC Logs (and Scrollback) as GemText

    Our adoption of Gemini and of GemText increases; with nearly 100,000 page requests in the first 3 days of Decembe (over gemini://) it’s clear that the growing potential of the protocol is realised, hence the rapid growth too; Gemini is great for self-hosting, which is in turn essential when publishing suppressed and controversial information (subject to censorship through blackmail and other ‘creative’ means)



  7. Links 4/12/2021: IPFire 2.27 Core Update 162 and Genode OS Framework 21.11

    Links for the day



  8. Links 4/12/2021: Gedit Plans and More

    Links for the day



  9. Links 4/12/2021: Turnip Becomes Vulkan 1.1 Conformant

    Links for the day



  10. IRC Proceedings: Friday, December 03, 2021

    IRC logs for Friday, December 03, 2021



  11. Links 4/12/2021: EndeavourOS Atlantis, Krita 5.0.0 Beta 5, Istio 1.11.5, and Wine 6.23; International Day Against DRM (IDAD) on December 10th

    Links for the day



  12. Another Gemini Milestone: 1,500 Active Capsules

    This page from Balázs Botond plots a graph, based on these statistics that now (as of minutes ago) say: “We successfully connected recently to 1500 of them.” Less than a fortnight ago more than 1,800 capsules overall were registered by Lupa, almost quadrupling in a single year



  13. [Meme] António Campinos and Socialist Posturing

    Staff of the EPO isn’t as gullible as António Campinos needs it to be



  14. António Campinos as EPO President is Considered Worse Than Benoît Battistelli (in Some Regards) After 3.5 Years in Europe's Second-Largest Institution

    The EPO's demise at the hands of people who don't understand patents and don't care what the EPO exists for is a real crisis which European media is unwilling to even speak about; today we share some internal publications and comment on them



  15. Media Coverage for Sale

    Today we're highlighting a couple of new examples (there are many other examples which can be found any day of the year) demonstrating that the World Wide Web is like a corporate spamfarm in "news" clothing



  16. Links 3/12/2021: GNU Poke 1.4 and KDDockWidgets 1.5.0

    Links for the day



  17. IRC Proceedings: Thursday, December 02, 2021

    IRC logs for Thursday, December 02, 2021



  18. Links 3/12/2021: Nitrux 1.7.1 and Xen 4.16 Released

    Links for the day



  19. Links 2/12/2021: OpenSUSE Leap 15.4 Alpha, Qt Creator 6

    Links for the day



  20. The EPO's “Gender Awareness Report”

    There’s a new document with remarks by the EPO’s staff representatives and it concerns opportunities for women at the EPO — a longstanding issue



  21. IRC Proceedings: Wednesday, December 01, 2021

    IRC logs for Wednesday, December 01, 2021



  22. EPO Staff Committee Compares the Tactics of António Campinos to Benoît Battistelli's

    The Central Staff Committee (CSC) of the EPO talks about EPO President António Campinos, arguing that “he seems to subscribe to the Manichean view, introduced by Mr Battistelli…”



  23. Prof. Thomas Jaeger in GRUR: Unified Patent Court (UPC) “Incompatible With EU Law“

    The truth remains unquestionable and the law remains unchanged; Team UPC is living in another universe, unable to accept that what it is scheming will inevitably face high-level legal challenges (shall that become necessary) and it will lose because the facts are all still the same



  24. Links 1/12/2021: LibrePlanet CFS Extended to December 15th and DB Comparer for PostgreSQL Reaches 5.0

    Links for the day



  25. EPO Cannot and Will Not Self-Regulate

    The term financialisation helps describe some of the activities of the EPO in recent years; see Wikipedia on financialisation below



  26. [Meme] Germany's Licence to Break the Law

    Remember that the young Campinos asked dad for his immunity after he had gotten drunk and crashed the car; maybe the EPO should stop giving diplomatic immunity to people, seeing what criminals (e.g. Benoît Battistelli) this attracts; the German government is destroying its image (and the EU’s) by fostering such corruption, wrongly believing that it’s worth it because of Eurozone domination for patents/litigation



  27. EPO Dislikes Science and Scientists

    The EPO's management has become like a corrupt political party with blind faith in money and monopolies (or monopoly money); it has lost sight of its original goals and at this moment it serves to exacerbate an awful pandemic, as the video above explains



  28. Links 1/12/2021: LibreOffice 7.3 Beta, Krita 5.0, Julia 1.7

    Links for the day



  29. Links 1/12/2021: NixOS 21.11 Released

    Links for the day



  30. IRC Proceedings: Tuesday, November 30, 2021

    IRC logs for Tuesday, November 30, 2021


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