EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

07.26.17

“Reprehensible” Rodney Gilstrap Continues to Snub the US Supreme Court by Refusing to Let Non-Texan Companies Move Out of Texas

Posted in America, Asia, Courtroom, Patents at 6:16 pm by Dr. Roy Schestowitz

Also: Software Patents a Dying Breed, But Patent Lawyers in Denial Over it and Notorious Judge Rodney Gilstrap Ignores Alice (Supreme Court)

Rodney Gilstrap
What can the state do when low courts’ (district) judges simply disregard the highest court in the country?

Summary: Some of the latest news about patent trolls in the United States and China (where they tend to prey on US companies)

WE recently wrote a bunch of articles about the STRONGER Patents Act — a bill which seeks to actually weaken patents by reducing their quality.

The patent microcosm, posting with the hat of “guests” (or so-called “international reports”) at IAM, is trying hard to push this extremist legislation that would help patent trolls. Watch what they published earlier today.

“The patent microcosm, posting with the hat of “guests” (or so-called “international reports”) at IAM, is trying hard to push this extremist legislation that would help patent trolls.”As we noted in the afternoon, these people are also lobbying the USPTO as they cannot influence the courts. Managing IP wrote about it earlier today. To quote: “The USPTO has released a report providing an overview of patent eligibility law and feedback it has received on the issue. A majority of commenters recommended legislative change…”

Well, these comments are from the patent microcosm and its front groups. Hardly a balanced debate, but that’s just more of the same. It’s always the same when they establish panels and debates, as we demonstrated several times last year.

Do SCOTUS decisions matter to these people? How about to notorious judges in Texas?

The “Supreme Court fails to close key avenue for patent trolls,” said this latest headline on the matter (from The Hill) and here is the ‘beef’ of it: [via]

in several recent cases. But with some improvements there are unintended consequences. Case in point: The court’s recent decision curtailing forum shopping in the federal courts may unfortunately cause more abusive patent cases to be filed at the U.S. International Trade Commission (ITC).

In May, the Supreme Court issued a landmark opinion in TC Heartland v. Kraft Foods, restoring rational venue rules for patent cases in U.S. district courts. The ruling will limit cases brought in magnet districts, such as the U.S. District Court of the Eastern District of Texas, which is a very good outcome that had been sought in the courts and in Congress by reform supporters.

Gilstrap, on the face of it, continues to serve/act more like a front group of patent trolls, not a courier/deliverer of justice. His decisions are typically overturned by courts above him. We wrote about his snubbing of TC Heartland some days ago. Here is today’s Managing IP report titled “Will the Federal Circuit weigh in on Judge Gilstrap’s patent venue test? (mostly behind paywall)

Consensus is growing that TC Heartland was not a change in the law, while a mandamus appeal of the case in which Judge Gilstrap outlined a four-factor test for “regular and established place of business” is being closely watched by patent practitioners

The Federal Circuit will soon have a chance to weigh in on the appropriateness of the four-factor test for venue outlined by an Eastern District of Texas judge, and which was called “reprehensible” by a US Congressman last week.

So what we have here is sheer snobbery and possible abuse by patent trolls and their facilitators. Even judges. Like Rader.

This is pretty bad.

“So what we have here is sheer snobbery and possible abuse by patent trolls and their facilitators. Even judges.”Does the rule of law not matter anymore?

Incidentally, IAM continues to promote patent trolls as well. Hours ago it invited people to this upcoming event which gives a platform to patent trolls like Intellectual Ventures and RPX. Suffice to say, this latest IAM event is sponsored by a lot of notorious patent trolls. IAM had done this before, but what it wrote earlier today reaffirms what we said in the past.

“It’s just a patent troll — something we’re seeing more and more of in China.”More encouragement of patent litigation in China? Sure, you got that in IAM some days ago. It’s destructive to China itself, but IAM gives a platform only to trolls like GPNE. In another new IAM article the chief troll alludes to other trolls as if he himself is not a patent troll. To quote a portion: “A few weeks ago, GPNE CEO Edwin Wong recounted some experiences of how the Chinese trial had gone so far. He confirmed that as in the previous US jury trial, Apple had attempted to raise the issue of GPNE’s status as a company that does not make or sell products. But with no jury in China’s system and judges’ reliance on technical experts this strategy is not necessarily as effective as it might be in the US. Similarly, a key issue in the American litigation was the fact that the specification for the patent-in-suit mentioned pagers. Wong says that the Chinese court has not been hung up on that word, placing substance above label.”

“…ex-Rockstar head John Veschi (chief troll in a notorious patent troll) has changed jobs.”It’s just a patent troll — something we’re seeing more and more of in China. Managing IP wrote earlier this week that “China proposes pharmaceutical patent linkage scheme,” stating that the “China Food and Drug Administration (CFDA) is planning to introduce a patent linkage scheme that will require a generic applicant to make a non-infringement declaration against an innovator’s patent portfolio…”

So much for helping the poor, eh?

Incidentally, another quick writeup from IAM reveals that ex-Rockstar head John Veschi (chief troll in a notorious patent troll) has changed jobs. Quite a few trolls seem to be moving to Asia these days.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Patent Extremism: Stacking the Panels, the Surveys, the Hearings, the Debates

    Projection tactics would have the public believe that those who oppose corruption are simply radicals; patent polarity has come to the point where if one isn't a "true believer" in blackmail (patent trolls) or opposes bribery, then one is simply a "fringe" and akin to terrorists



  2. Links 24/6/2019: Linux 5.2 RC6, Skrooge 2.20.0, ZFS vs. OpenZFS

    Links for the day



  3. The EPO Needs a President Who Obeys the Law, Not One Who Obeys Battistelli

    Succession based on nepotism at Europe's second-largest institution served to shown how inherently broken things had become and why cover-up of injustices is nowadays paramount (not fixing the flaws/ills but merely perpetuating them)



  4. With Water (Treatment) Already Patented It Won't Take Long for Patents (and Patent Royalties) on Air

    A 'paper economy' is what Europe turns into if the current trajectory is followed (led by lawyers, not producers)



  5. Bill Gates Said He Was on a “Jihad” Against GNU/Linux, But GNU/Linux Users/Developers Engaged in Self-Defense Are Foul-Mouthed 'Microsoft Haters'?

    Microsoft, which routinely commits very serious crimes, tries to come across as some sort of philanthropy whereas those who share their work with the public (for greater good) are described as erratic, rude and unworthy of respect from corporations (outcasts basically, deprived of income source)



  6. What Patents the EPO Has Just Awarded (With a Special Reward), Not Just Granted

    The EPO's practice of elevating some patents over the other patents (European Patents) is perhaps more of a societal liability than the EPO cares to realise



  7. Required Reading: Mental State of Team Battistelli/Campinos

    On the heels of yesterday's article about Team Battistelli/Campinos, here are some recommended/required papers on the problem which likely plagues the Office



  8. Links 23/6/2019: Wine 4.11, FreeBSD 11.3 RC2

    Links for the day



  9. Microsoft Apparently Did a Patrick Durusau on Wim Coekaerts to Broaden Its Control Over GNU/Linux

    Microsoft tactics for defection and takeover of the competition (without coming across as hostile) aren't new tactics; internal documents from Microsoft explain how to achieve this



  10. EPO Directors Would be Wise to Rebel Against Team Campinos While They Still Have the Job

    As the EPO continues its bold journey towards dictatorship (where presidencies are passed between friends and ‘circles’ are former colleagues or close confidants) Techrights urges those who have power to speak out — e.g. EPO judges and Directors — to do something before it’s too late



  11. American Front Group Open Invention Network (Riding the Linux Brand) is a Proponent of Software Patents in Europe

    The impact of American multinationals in Europe is difficult to deny; in fact, we're observing the same old lobbying/lobbies still working hard albeit more covertly (typically using front groups)



  12. Say 'Hey Hi' to Software Patents

    Using the “AI” (“HEY HI”) hype the ‘community’ of patent maximalists hopes that every little (and possibly very old) algorithm will suddenly sound amazing and innovative — to the point where it becomes unthinkable to deny a patent monopoly on it



  13. A Personal Note From Ted MacReilly (How Microsoft Works Against GNU/Linux)

    A tongue-in-cheek write-up highlighting the ways Microsoft insiders think and how they strategise against GNU/Linux and Free/libre software



  14. The Linux Foundation's New Vice Chair, Wim Coekaerts, Worked for Microsoft

    The Linux Foundation is boosting the Microsoft boosters and calls that "community"



  15. Links 21/6/2019: GNOME 3.33.3, 32-Bit Support Further Neglected, DragonFlyBSD 5.6.1 Released

    Links for the day



  16. Leaked: Harassment of EPO Directors by Team Campinos

    “New BIT organisation and staff changes,” a novel kind of newspeak, means that Directors are being severely punished without due process at all (“hidden disciplinary measure without disciplinary proceedings”)



  17. Patent Professionals in Europe Have Devolved Into a Marketing Industry

    Lies, buzzwords and hype waves is all that the patent bubble in Europe boils down to these days; loads of bogus patents get granted only for European judges to smack these down (if one can afford the court battle)



  18. Almost Six Months After Iancu Said He Would Make Software Patents Great Again Nothing Has Actually Changed

    We're just a fortnight away from the ludicrous plan of Iancu celebrating 6 months (without accomplishing anything)



  19. Links 20/6/2019: Kubernetes 1.15, Alpine 3.10.0 and Librem 5 June Software Update

    Links for the day



  20. Ignore the EPO's Dumb Festival and Focus on the Abuses Against the Workforce and Its Quality of Work

    Don’t lose sight of the appalling behaviour of the management of the EPO; the last thing it wants is press coverage about its gross abuses and corruption — an aspect it spent literally millions of euros to bury (gaming the news cycle)



  21. Microsoft Attempting to Destroy the Careers of Its Critics, Including Free Software Proponents

    Microsoft isn't changing and has not changed; the tactics described above are still being used, even by its "Open Source" (or "Open at Microsoft") people, who did this to me



  22. Links 19/6/2019: Linux Mint Vs Vista 10, Qt 5.13 Released

    Links for the day



  23. The Linux Foundation's Business Model

    The Linux Foundation's plan, illustrated



  24. Links 18/6/2019: i386 Abandoned by Canonical and a New osquery 'Community'

    Links for the day



  25. Indifference or Even Hostility Towards Patent Quality Results in Grave Injustice

    The patent extravaganza in Europe harms small businesses the most (they complain about it), but administrative staff at patent offices only cares about the views of prolific applicants rather than the interests of citizens in respective countries



  26. Links 18/6/2019: CentOS 8 Coming Soon, DragonFly BSD 5.6 Released

    Links for the day



  27. 'AI Taskforce' is Actually a Taskforce for Software Patents

    The mainstream media has been calling just about everything "HEY HI!" (AI), but what it typically refers to is a family of old algorithms being applied in possibly new areas; patent maximalists in eastern Asia and the West hope that this mainstream media's obsession can be leveraged to justify new kinds of patents on code



  28. Patent Maximalism is Dead in the United States

    Last-ditch efforts, or a desperate final attempt to water down 35 U.S.C. § 101, isn't succeeding; stacked panels are seen for what they really are and 35 U.S.C. § 101 isn't expected to change



  29. Links 18/6/2019: Linux 5.2 RC5 and OpenMandriva Lx 4

    Links for the day



  30. Weaponising Russophobia Against One's Critics

    Response to smears and various whispering campaigns whose sole purpose is to deplete the support base for particular causes and people; these sorts of things have gotten out of control in recent years


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