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

10.15.17

US Patent Trolls Are Leaving and the Eastern District of Texas Sees Patent Cases Falling by More Than Half

Posted in America, Courtroom, Patents at 10:14 am by Dr. Roy Schestowitz

Summary: The decline of patent aggression in the US and the patent microcosm’s response to Justices, having ruled in TC Heartland, curtailing patent trolls

THE world is changing for the better when it comes to patents. Sure, the European Patent Office (EPO) is in trouble as patent scope is out of control there, but in the US things are improving. The EPO‘s friends at IP Europe wrote/quoted: “Development of innovative new standards jeopardised by #IEEE patent policy”

We wrote about IEEE the other day, specifically in relation to this article. This is a lie. IP Europe knows that it’s a lie. But it’s paid to lobby for patent extremists such as Microsoft. The IEEE is US-based and it’s possibly leaning towards liberal policies. That may mean no patent tax on standards.

In various other ways the US improving. Patent trolls seem to be on their way out. We have not heard of Erich Spangenberg for a while (he nearly disappeared). He is one of the most disgusting patent trolls of all. He had blackmailed over a thousand (maybe thousands) of firms using what later turned out to be an invalid patent and now, according to IAM, he is “back buying in the US”. To quote:

IPNav founder and renowned [sic] patent monetiser [sic] Erich Spangenberg is back buying US assets. According to an 18th September notice on the USPTO patent assignment database an entity called Page Innovations LLC acquired a single patent from inventor Justin Page relating to identity theft protection. In the assignment cover sheet Spangenberg is listed as the manager of Page Innovations. The details of the assignment were first reported in an RPX weekly email.

We have been writing about RPX for nearly a decade. We’ll come back to RPX in a moment.

The biggest news on the patent front was reported by Joe Mullin several days ago. It’s extremely pleasing to see that the US Supreme Court has managed to eject many patent trolls out of Texas. Here are some numbers:

New lawsuits are down—way down—in the mostly rural district that was once the national hotspot for patent disputes.

For several years, the Eastern District of Texas hosted more patent lawsuits than any other judicial district in the country. Last year, East Texas saw more patent lawsuits filed than the next four judicial districts combined. But in May, the Supreme Court sharply limited where patent owners can choose to file their lawsuits, in a case called TC Heartland. That’s leading to a sharp change in the geography of patent litigation.

[...]

The trend seems likely to continue, given a recent case called In re: Cray Inc., in which an appeals court clarified how TC Heartland must be applied. In that case, a federal judge ruled that a case against supercomputer manufacturer Cray could be kept in East Texas because the company employed a single work-from-home employee in the district. The top patent appeals court sharply disagreed, though, and overturned that decision, forcing the Cray case out of East Texas.

“The patterns we’re seeing are changing dramatically, and the double-digit dominance of East Texas is gone,” said Brian Howard, Lex Machina’s data scientist, in an interview with Ars.

United for Patent Reform‏ said: “Since #TCHeartland #patenttroll filings in #EDTX have dropped from 50% to 26%…”

This is based on Lex Machina.

Here is RPX’s take on some of the latest figures: “Patent law faces continued uncertainty in all three branches of government. The Supreme Court’s TC Heartland decision in May likely precipitated a dip in new patent litigation that carried unevenly through the third quarter. While litigation remains slow overall, plaintiffs have begun to test the bounds of TC Heartland by bringing novel venue arguments in the Eastern District of Texas and by charting new courses in Delaware, California, and Illinois. On the other hand, the tables could turn: the Court granted certiorari in Oil States in June, casting the continued existence of inter partes review (IPR) into doubt. Though most commentators discount petitioner Oil States’s likelihood of success, even the slightest potential for victory is a ray of hope for patent owners.”

On the Federal Circuit reaffirming all this, here is another belated take (we wrote about this before):

Until the U.S. Supreme Court’s May 22, 2017 ruling in TC Heartland v. Kraft Foods, the Court of Appeals for the Federal Circuit and the United States district courts had interpreted the patent venue statute, 28 U.S.C. §1400(b), to allow plaintiffs to bring a patent infringement case against a domestic corporation in any district court where there is personal jurisdiction over that corporate defendant. The Supreme Court’s TC Heartland ruling, however, clarified that personal jurisdiction alone does not convey venue for patent cases under the patent venue statute. But that clarification led to confusion as to how to interpret the venue statute itself. The Federal Circuit just addressed that confusion in In re Cray Inc.

In re Cray was also an important decision because it helped highlight the sheer disregard for the law (and the Supreme Court) down in Texas. It is hopefully a lot clearer now (to more trolls) that there’s nothing attractive about Texas. The figures speak for themselves.

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. Links 22/4/2019: Linux 5.1 RC6, New Release of Netrunner and End of Scientific Linux

    Links for the day



  2. USPTO and EPO Both Slammed for Abandoning Patent Quality and Violating the Law/Caselaw in Order to Grant Illegitimate Patents on Life/Nature and Mathematics

    Mr. Iancu, the ‘American Battistelli’ (appointed owing to nepotism), mirrors the ‘Battistelli operandi’, which boils down to treating judges like they’re stooges and justices like an ignorable nuisance — all this in the name of litigation profits, which necessitate constant wars over illegitimate patents (it is expensive to prove their illegitimacy)



  3. IRC Proceedings: January 27th, 2019 – March 24th, 2019

    Many IRC logs



  4. IRC Proceedings: December 2nd, 2018 – January 26th, 2019

    Many IRC logs



  5. Links 21/4/2019: SuperTuxKart's 1.0 Release, Sam Hartman Is Debian’s Newest Project Leader (DPL)

    Links for the day



  6. The EPO's Use of Phrases Like “High-Quality Patent Services” Means They Know High-Quality European Patents Are 'Bygones'

    The EPO does a really poor job hiding the fact that its last remaining objective is to grant as many European Patents as possible (and as fast as possible), conveniently conflating quality with pace



  7. A Reader's Suggestion: Directions for Techrights

    Guest post by figosdev



  8. Links 20/4/2019: Weblate 3.6 and Pop!_OS 19.04

    Links for the day



  9. The Likes of Chartered Institute of Patent Attorneys (CIPA), Team Campinos and Team UPC Don't Represent Europe But Hurt Europe

    The abject disinterest in patent quality and patent validity (as judged by courts) threatens Europe but not to the detriment of those who are in the 'business' of suing and printing lots of worthless patents



  10. The Linux Foundation Needs to Change Course Before GNU/Linux (as a Free Operating System) is Dead

    The issues associated with the Linux Foundation are not entirely new; but Linux now incorporates so many restrictions and contains so many binary blobs that one begins to wonder what "Linux" even means



  11. Largest Patent Offices Try to Leave Courts in a State of Disarray to Enable the Granting of Fake Patents in the US and Europe

    Like a monarchy that effectively runs all branches of government the management of the EPO is trying to work around the judiciary; the same is increasingly happening (or at least attempted) in the United States



  12. Links 19/4/2019: PyPy 7.1.1, LabPlot 2.6, Kipi Plugins 5.9.1 Released

    Links for the day



  13. Links 18/4/2019: Ubuntu and Derivatives Have Releases, digiKam 6.1.0, OpenSSH 8.0 and LibreOffice 6.2.3

    Links for the day



  14. Freedom is Not a Business and Those Who Make 'Business' by Giving it Away Deserve Naming

    Free software is being parceled and sold to private monopolisers; those who facilitate the process enrich themselves and pose a growing threat to freedom in general — a subject we intend to tackle in the near future



  15. Concluding the Linux Foundation (LF) “Putting the CON in Conference!” (Part 3)

    Conferences constructed or put together based on payments rather than merit pose a risk to the freedom of free software; we conclude our series about events set up by the largest of culprits, which profits from this erosion of freedom



  16. “Mention the War” (of Microsoft Against GNU/Linux)

    The GNU/Linux desktop (or laptops) seems to be languishing or deteriorating, making way for proprietary takeover in the form of Vista 10 and Chrome OS and “web apps” (surveillance); nobody seems too bothered — certainly not the Linux Foundation — by the fact that GNU/Linux itself is being relegated or demoted to a mere “app” on these surveillance platforms (WSL, Croûton and so on)



  17. The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

    Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line



  18. The US Supreme Court (SCOTUS) Once Again Pours Cold Water on Patent Maximalists

    Any hopes of a rebound or turnaround have just been shattered because a bizarre attack on the appeal process (misusing tribal immunity) fell on deaf ears and software patents definitely don't interest the highest court, which already deemed them invalid half a decade ago



  19. Links 17/4/2019: Qt 5.12.3 Released, Ola Bini Arrested (Political Stunts)

    Links for the day



  20. Links 16/4/2019: CentOS Turns 15, Qt Creator 4.9.0 Released

    Links for the day



  21. GNU/Linux is Being Eaten Alive by Large Corporations With Their Agenda

    A sort of corporate takeover, or moneyed interests at the expense of our freedom, can be seen as a 'soft coup' whose eventual outcome would involve all or most servers in 'the cloud' (surveillance with patent tax as part of the rental fees) and almost no laptops/desktops which aren't remotely controlled (and limit what's run on them, using something like UEFI 'secure boot')



  22. Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF

    Restrictions on speech are said to have been spread and reached some of the most liberal circles, according to a credible veteran who opposes illiberal censorship



  23. Corporate Media Will Never Cover the EPO's Violations of the Law With Respect to Patent Scope

    The greed-driven gold rush for patents has resulted in a large pool of European Patents that have no legitimacy and are nowadays associated with low legal certainty; the media isn't interested in covering such a monumental disaster that poses a threat to the whole of Europe



  24. A Linux Foundation Run by People Who Reject Linux is Like a Children's Charity Whose Management Dislikes Children

    We remain concerned about the lack of commitment that the Linux Foundation has for Linux; much of the Linux Foundation's Board, for example, comes from hostile companies



  25. Links 15/4/2019: Linux 5.1 RC5 and SolydXK Reviewed

    Links for the day



  26. Links 14/4/2019: Blender 2.80 Release Plan and Ducktype 1.0

    Links for the day



  27. 'Poor' (Multi-Millionaire) Novell CEO, Who Colluded With Steve Ballmer Against GNU/Linux, is Trying to Censor Techrights

    Novell’s last CEO, a former IBMer who just like IBM decided to leverage software patents against the competition (threatening loads of companies using "platoons of patent lawyers"), has decided that siccing lawyers at us would be a good idea



  28. Guest Post: The Linux Foundation (LF) is “Putting the CON in Conference!” (Part 2)

    Calls for papers (CfP) and who gets to assess what's presented or what's not presented is a lesser-explored aspect, especially in this age when large corporate sponsors get to indirectly run entire 'community' events



  29. Patent Maximalists Are Enabling Injustices and Frauds

    It's time to come to grips with the simple fact that extreme patent lenience causes society to suffer and is mostly beneficial to bad actors; for the patent profession to maintain a level of credibility and legitimacy it must reject the deplorable, condemnable zealots



  30. Further Decreasing Focus on Software Patents in the United States as They Barely Exist in Valid Form Anymore

    No headway made after almost 4 months of Iancu-led stunts; software patents remain largely dead and buried, so we’re moving on to other topics


CoPilotCo

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

CoPilotCo

Recent Posts