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

10.29.17

The Patent Trolls’ Lobby is Upset About TC Heartland, Tries to Belittle Its Impact While Promoting Software Patents

Posted in America, Courtroom, Deception, Patents at 6:10 pm by Dr. Roy Schestowitz

The US Supreme Court (SCOTUS) made history by overturning the decision of the Court of Appeals for the Federal Circuit (CAFC)

TC Heartland v. Kraft
Reference: TC Heartland v Kraft

Summary: A roundup of recent takes and spin surrounding the decision of the US Supreme Court (SCOTUS), in which is was ruled that lawsuits in the Eastern District of Texas can be shifted to other venues (closer to the alleged infringements, typically involving dubious software patents)

THE impact of TC Heartland (2017, SCOTUS) has been spectacular. So far we’ve been hearing about a 60% decline in patent litigation in the Eastern District of Texas. That’s just the beginning!

The patent trolls’ lobby is understandably unhappy. Earlier today David Newman (Chair of Gould & Ratner’s Intellectual Property Group) wrote in Watchtroll that “TC Heartland decision follows the trend of eroding patent holder rights,” but actually what he meant to say was that SCOTUS fixes patent practice, bringing it into closer alignment with what the patent system was supposed to be all along (before it got profoundly debased). TC Heartland is here to stay and people like Newman might not. Jobs like his are becoming obsolete and he too might soon become redundant. If you’re a patent troll, then sure, TC Heartland is terrible news.

“If you’re a patent troll, then sure, TC Heartland is terrible news.”TC Heartland was also covered a few days ago by Patently-O (like Watchtroll, albeit less rude). If US courts like Gilstrap’s can just ignore SCOTUS on matters such as patents, then we’re in serious trouble. Here is what Patently-O said: “The E.D.N.Y. denied Yahoo’s motion to dismiss, holding (on oral decision): (1) that Yahoo had waived its right to challenge venue; and (2) that TC Heartland did not change the law (since Fourco has been the controlling law all along).”

It might be too early to say just to what degree the SCOTUS decision will enable venue challenges. The decision is less than half a year old and it also took Alice years to ‘mature’ — to the point where the USPTO might soon abolish software patents altogether.

In another new post regarding TC Heartland Dennis Crouch was nitpicking to help patent trolls. It certainly, based on the subtext, sounded like an effort to find exception to the norm and say that “TC Heartland defines residence at the state level, but 1400(b) requires a district-by-district focus — “the judicial district where the defendant resides.””

It later noted that “the whole point of TC Heartland was to focus attention on the patent venue statute and away from these more general definitions.”

“It might be too early to say just to what degree the SCOTUS decision will enable venue challenges.”I’m not a law professor, but I know enough about TC Heartland to say that its main/net impact will be the ability to relocate away from the likes of Gilstrap. Unless a company trades primarily in the Eastern District of Texas, it will be incredibly difficult to drag it down there (also unless the defendant is unaware of the consequences of letting it be). We have already seen how Gilstrap got ‘slapped down’ by higher courts, for refusing to let cases depart from the Eastern District of Texas (in defiance of SCOTUS).

Maybe we are being a tad harsh on Patently-O, but this year (more than in past years) it’s openly attempting to help the patent trolls and even linking to sites like Watchtroll, which watch out for the trolls’ interests. Sometimes even the software patents lobby or the patent troll Dominion Harbor receive links. What a neighbourhood for Crouch to have… Dominion Harbor is currently cherry-picking cases to try to scandalise Alice/Section 101. Look at the sorts of people who promote this; the software patents lobby. As for Watchtroll, it is still lobbying for software patents and pushes aggressively against Alice, in essence trying to get the law thrown aside, as usual. It even stated a few days ago in a tweet: “”Amicus Support needed for 101 case @ SCOTUS. Should claims be invalidated only on the pleadings? Important question.”

“The bottom line is, there’s a strong push for patent trolls’ ‘rights’, for the ‘right’ to patent abstract ideas, and for biased judges to rule on these matters in order to maximise profits around their court venue.”Patently-O is still a relatively good source (less radical than most) for some insights and days ago it published this figure about “patent size”. It was an automated analysis of patents’ scale, plotted based on pretty big data sets. For some patents, the composition can be just as shallow as putting together numbers and citations (from reusable templates), resulting in longer patent texts even when the substance is low and quality/merit is questionable.

The bottom line is, there’s a strong push for patent trolls’ ‘rights’, for the ‘right’ to patent abstract ideas, and for biased judges to rule on these matters in order to maximise profits around their court venue. Hardly noble causes. These are just things to watch out for.

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. Major Revelation: Microsoft Blackmail Against LAMP (GNU/Linux and Free Stacks for Servers) Goes At Least 16 Years Back, Predating the Novell Patent Deal

    (Techno-)Anthropological analyses of Microsoft's patent war on Free/libre software must take into account what Microsoft did to MySQL, a Swedish company at the time



  2. Links 4/4/2020: Sparky 5.11, Firefox 74.0.1, POCL 1.5

    Links for the day



  3. IRC Proceedings: Friday, April 03, 2020

    IRC logs for Friday, April 03, 2020



  4. Links 3/4/2020: Ubuntu Beta, GNOME 3.36.1, ExTiX LXQt Mini, NetBSD 8.2 Released

    Links for the day



  5. Digital Communication, Digitalisation and Videogaming Among the EPO's Latest Smokescreens for Illegal and Abstract Patents on Algorithms

    The EPO keeps liaising with the EU to promote patents which EU officials have themselves said were illegal; to make matters worse, the EPO's violations of its own laws inspire the United States to do the same



  6. Emotional Blackmail for Illegal Software Patents

    Semantic tactics the European Patent Office (EPO) uses to promote software patents in Europe and may theoretically use in the future (satire)



  7. Clear Linux is to GNU/Linux What Clearly Defined is to Open Source

    The idea that we need Intel to take GNU/Linux ‘mainstream’ is ludicrous; as OSDL co-founder (now succeeded in the flesh of the Corporate Linux Foundation), Intel is more about Linux (with DRM, “secure boot” and everything that lets it be remotely controlled) than about GNU and it’s not too keen on GPL (copyleft), either



  8. IRC Proceedings: Thursday, April 02, 2020

    IRC logs for Thursday, April 02, 2020



  9. Links 2/4/2020: Linux 5.6.2, Qt Creator 4.11.2, LineageOS ROM Based on Android 10

    Links for the day



  10. OIN in 2020 Resembles Linux Foundation in 2020 (Corporate Front Group Piggybacking the Linux Brand)

    We regret to say that the Open Invention Network seems not to care at all about Software Freedom; to make matters worse, it is a proponent of software patents and a voice for companies like IBM and Microsoft, not the "Community" it fancies misrepresenting



  11. Inside the Free Software Foundation (FSF) - Part IX: Semi-Happy Ending

    Richard Stallman is here to stay and the FSF will let him stay (as chief of GNU); we want to close the series on a positive note



  12. IRC Proceedings: Wednesday, April 01, 2020

    IRC logs for Wednesday, April 01, 2020



  13. Upcoming Articles and Research Areas

    Although we've failed to write as much as usual, we're still preparing some in-depth articles and maintaining Daily Links (in spite of unforeseen ordeals like a forced laptop migration)



  14. Links 2/4/2020: ProtonMail Bridge for Linux, GTK 3.98.2 and Red Hat DNF 4.2.21

    Links for the day



  15. Links 1/4/2020: Linux 5.7 Merges, Qt 5.14.2, GhostBSD 20.03, Linux Mint 20 Ulyana Plans, WordPress 5.4 “Adderley”

    Links for the day



  16. IRC Proceedings: Tuesday, March 31, 2020

    IRC logs for Tuesday, March 31, 2020



  17. Techrights to Delete Articles From All Past Years to Save Disk Space

    What if we deleted over 25,000 posts?



  18. IRC Proceedings: Monday, March 30, 2020

    IRC logs for Monday, March 30, 2020



  19. Links 30/3/2020: GNU Linux-libre 5.6, WireGuard 1.0.0

    Links for the day



  20. IRC Proceedings: Sunday, March 29, 2020

    IRC logs for Sunday, March 29, 2020



  21. Links 30/3/2020: Linux 5.6, Nitrux 1.2.7, Sparky 2020.03.1

    Links for the day



  22. The Fall of the UPC - Part IX: Campinos Opens His Mouth One Week Later (and It's That Hilarious Delusion Again)

    Team Campinos said nothing whatsoever about the decision of the FCC until one week later, whereupon Campinos leveraged some words from Christine Lambrecht to mislead everybody in the EPO's official "news" section



  23. Pretending EPO Corruption Stopped Under António Campinos When It is in Fact a Lot Worse in Several Respects/Aspects (Than It Was Under Benoît Battistelli)

    Germany's eagerness to keep Europe's central patent office in Munich (and to a lesser degree in Berlin) means that politicians in the capital and in Bavaria turn a blind eye to abuses, corruption and even serious crimes; this won't help Germany's image in the long run



  24. IRC Proceedings: Saturday, March 28, 2020

    IRC logs for Saturday, March 28, 2020



  25. Links 28/3/2020: Wine 5.5 Released, EasyPup 2.2.14, WordPress 5.4 RC5 and End of Truthdig

    Links for the day



  26. IRC Proceedings: Friday, March 27, 2020

    IRC logs for Friday, March 27, 2020



  27. The Fall of the UPC - Part VIII: Team UPC Celebrates Death, Not Life

    Team UPC plays psychological games now; it is trying to twist or spin its defeat as good news and something to be almost celebrated; it is really as illogical (and pathetic) as that sounds



  28. Links 27/3/2020: GNU/Linux Versus COVID-19 and Release of GNU Guile 3.0.2

    Links for the day



  29. When Your 'Business' is Just 'Patent Portfolio'

    Hoarding loads of patents may seem impressive, but eating them to survive is impossible if not impermissible



  30. LOT Network is a One-Man (Millionaire's) Operation and Why This Should Alarm You

    The ugly story of Open Invention Network (OIN) and LOT; today we take a closer look at LOT and highlight a pattern of 'cross-pollination' (people in both OIN and LOT, even at the same time)


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