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

01.07.18

In US District Courts Patent Litigation Fell by a Whopping 17% Last Year

Posted in America, Patents at 7:00 am by Dr. Roy Schestowitz

Sites like Watchtroll are all “fire and fury” over this

2017 Patent Dispute Report: Year in Review
Direct/source: 2017 Patent Dispute Report: Year in Review

Summary: The push for broader patent scope is met with growing resistance not only from the public but also from courts; patently false statements are being made in an effort to frame this as devastation to science and technology rather than devastation to patent law firms

THE policy at the USPTO notwithstanding (record number of patent grants), courts are unimpressed and patent holders are reluctant to sue. Compare that to China (the very opposite) and Germany, where EPO policy causes a jump in litigation, usually by patent trolls.

The numbers speak for themselves. It’s good news for productive industries and bad news for parasitic ones.

“It’s good news for productive industries and bad news for parasitic ones.”IAM, fed by Watchtroll’s latest dishonest nonsense, is not happy. This is a good sign. IAM said this: “Further proof that the anti-patent atmosphere in the US is hitting everyone. Universities have been a life force for American innovation for decades – see the internet, biotech. etc; heck, where did Google come from?”

“These things came into existence IN SPITE of patents,” I told IAM, “NOT thanks to them.”

It’s pretty incredible that IAM, fed by the intellectually-dishonest Watchtroll (written by people who are neither technical nor legal professionals), would claim that the Internet is somehow dependent on patents. The very opposite is true. Google is probably the worst example to use here because Google is often accused of thriving in a landscape of weaker patent policy, not stronger patent policy. Did IAM get bamboozled so easily or is it deliberately spreading falsehoods? Either way, what we see here is a choir of patent maximalists rubbing each other’s back. It’s an insult to truth itself.

“It grows in the ground, it’s part of nature, but humans have found the justification to put patents on it.”Sadly, we live in times of “alternative facts”. Facts don’t receive much respect and truth-tellers haven’t much honour. Read this new docket report wherein the ‘experts’ aren’t. To quote: “The court denied defendant’s motion for a new trial because defendant was not prejudiced by the court questioning defendant’s damages witnesses at trial. “⁠[Defendant] believes that the Court expressed disdain for its positions in front of the jury, coloring their evaluation of the evidence despite an instruction not to take anything from the Court’s comments during trial. . . .””

They actually tried to demand a new trial over this. They failed.

As we look around the news (this past week) we find a great deal of puff pieces like this one by Lawrence E. Ashery and various articles about the puffing of marijuana [1, 2]. What on Earth does it even have to do with patents? Well, you see, in the US there are even patents related to marijuana. It grows in the ground, it’s part of nature, but humans have found the justification to put patents on it. Were they high? Nicole Grimm, Brett Scott, and George “Trey” Lyons, III, who wrote the latter article, call it the “Canna-IP Industry”. What on Earth are they smoking? What has patent law come to?

“Patent litigation numbers fell sharply last year. “The worst thing is, in the US it’s still possible to get patents on business methods (things one can do with pen and paper) and fairly reasonable court decisions are being described as “much maligned 1978 decision.” Maligned by who? And why? The patent maximalists just don’t seem to accept the retreat from patent maximalism. It jeopardises their source of income.

Thankfully, whether patent maximalists like it or not, the US is moving away from this ‘disease’ and according to the latest numbers from Unified Patents:

The Eastern District of Texas accounted for 34% of all new US patent cases pre-TC Heartland in 2017 compared to only 15% post-TC Heartland, according to an analysis by Unified Patents

US district court patent litigation dropped 17% to 3,649 new cases in 2017 from 4,382 in 2016, according to a patent dispute report from Unified Patents.

Patent litigation numbers fell sharply last year. The prior year as well. Those who complain about it are working for sites which are notoriously sympathetic towards trolls (partly funded by them). Here is what IAM wrote some days ago:

After a big drop in new infringement lawsuits in 2016, last year saw another significant fall as the accumulation of changes to the US patent system over the last decade continue to make the climate particularly challenging for rights owners looking to assert their IP in court. According to Unified Patents the number of new cases fell 17% over the course of the last year – from 4,382 in 2016 to 3,649 in 2017. It was, however, a big year at the PTAB, as a record 1,796 new petitions were filed.

RPX added more context to the litigation numbers with its own review of 2017. According to the defensive aggregator, just over 3,500 defendants were added to new litigation campaigns showing that on a like-for-like basis the number of disputes last year was at a level last seen in 2006. Lex Machina is yet to release its 2017 analysis but the tracker on its platform suggests that the numbers of new cases last year was a little over the 4,000 mark, down from around 4,500 in 2016. Whichever way you cut it, the data points to a very different assertion climate in the world’s largest patent market.

RPX profits from patent trolling in the sense that it relies on troll activity for income (the same goes for Unified Patents for that matter). RPX is now collapsing and considers moving to China. If these parasites move to China, it will be bad news for China (except perhaps for Chinese lawyers).

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 1610/2018: Linux 4.19 RC8, Xfce Screensaver 0.1.0 Released

    Links for the day



  2. Judge-Bashing Tactics, Undermining PTAB, and Iancu's Warpath for the Litigation and Insurance 'Industries'

    Many inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) leverage 35 U.S.C. § 101 against software patents; instead of putting an end to such patents Director Iancu decides to just serve the 'industry' he came from (a meta-industry where his firm had worked for Donald Trump)



  3. 'Cloud', 'AI' and Other Buzzwords as Excuses for Granting Fake Patents on Software

    With resurgence of rather meaningless terms like so-called 'clouds' (servers/hosting) and 'AI' (typically anything in code which does something clever, including management of patents) the debate is being shifted away from 35 U.S.C. § 101 (Section 101); but courts would still see past such façade



  4. Corporate Media's Failure to Cover Patents Properly and Our New Hosting Woes

    A status update about EPO affairs and our Web host's plan to shut down (as a whole) very soon, leaving us orphaned or having to pay heavy bills



  5. Links 15/10/2018: Testing Ubuntu 18.10 Release Candidates, KaOS 2018.10 Released

    Links for the day



  6. USPTO FEES Act/SUCCESS Act Gives More Powers to Director Iancu, Supplying Patents for Litigation 'Business' and Embargo (ITC)

    Corruption of the US patent system contributes to various issues which rely on the extrajudicial nature of some elements in this system; companies can literally have their products confiscated or imports blocked, based on wrongly-granted patents



  7. Court of Appeals for the Federal Circuit Decides That USPTO Wrongly Granted Patents to Roche

    Patent quality issues at the U.S. Patent and Trademark Office (USPTO) — motivated by money rather than common sense — continue to be highlighted by courts; the USPTO needs to raise the bar to improve the legal certainty associated with US patents



  8. Even Judge Gilstrap From Texas is Starting to Accept That Software Patents Are Invalid

    Amid new lawsuits from Texas (e.g. against Citrix) we’re pleased to see that even “reprehensible” Rodney Gilstrap (that’s what US politicians call him) is learning to accept SCOTUS on 35 U.S.C. § 101



  9. Federal Circuit Doubles Down on User Interface Patents, Helps Microsoft-Connected Patent Trolls Curtail the Prime Competitor of Microsoft Office

    Patent trolls that are connected to Microsoft continue to sue Microsoft rivals using old patents; this time, for a change, even the Federal Circuit lets them get away with it



  10. Let's Hope Apple Defeats All the Abstract Patents That Are Leveraged Against It

    Apple can be viewed as a strategic 'ally' against patents that threaten Android/Linux if one ignores all the patent battles the company started (and has since then settled) against Android OEMs



  11. EPO Insider/Märpel Says President Campinos Already Acts Like Battistelli

    Unitary Patent (UPC) is a step towards making the EPO an EU institution like the European Union Intellectual Property Office (EUIPO); but it's not making any progress and constitutional judges must realise that Campinos, chosen by Battistelli to succeed him, is just an empty mask



  12. Quality of Patents Granted by the EPO is Still Low and Nobody Will Benefit Except Lawyers, Jubilant Over Growing Lenience on Software Patents

    Deterioration of patent quality at the EPO — a serious problem which examiners themselves are complaining about — is becoming rather evident as new guidelines are very lenient on software patenting



  13. 100 Days Into the Term of Campinos There is Already an EPO Suicide

    A seventh known suicide at the EPO since the so-called 'reforms' began; the EPO continues to pretend that everything is changing for the better, but in reality it's yet more nepotism and despotism



  14. Links 13/10/2018: Ubuntu Touch OTA-5, MidnightBSD 1.0 Ready

    Links for the day



  15. Links 11/10/2018: PostgreSQL 11 RC1 Released, Librem 5 Loves GNOME 3.32

    Links for the day



  16. Friend Brings a Friend, Boss Becomes Subordinate: the EPO Under António Campinos is Starting to Look a Lot Like Team Battistelli 2.0

    The new President of the EPO contributes to the perception that the Office is a rogue institution. Governance is all in reverse at the Office because it still seems like the Office President bosses the Council rather than be bossed by it (as intended, as per the EPC)



  17. UPC Cowardice: Team UPC Uses Cloaks of Anonymity to Discredit Authors of Scholarly UPC Paper They Don't Like

    Team UPC has sunk to the bottom of the barrel; now it uses anonymous letters in an effort to discredit work of Max Planck Institute staff, in the same way (more or less) that ad hominem attacks were attempted against the filer of the constitutional complaint in Germany



  18. New EPO Guidelines: Granting European Patents on Business Methods, Algorithms, Mental Acts and Other Abstract Stuff

    Keeping so-called 'production' high and meeting so-called 'targets' (allegedly set by Battistelli), Campinos relaxes the rules for "computer-implemented inventions" (one among many misleading terms that mean software patents in Europe)



  19. Open Invention Network is a Proponent of Software Patents -- Just Like Microsoft -- and Microsoft Keeps Patents It Uses to Blackmail Linux Vendors

    OIN loves Microsoft; OIN loves software patents as well. So Microsoft's membership in OIN is hardly a surprise and it's not solving the main issue either, as Microsoft can indirectly sue and "Microsoft has not included any patents they might hold on exfat into the patent non-aggression pact," according to Bradley M. Kuhn



  20. Links 10/10/2018: Unreal Engine 4.21 Preview, Red Hat Openshift Container Platform 3.11

    Links for the day



  21. Links 9/10/2018: Plasma 5.14, Flatpak 1.2 Plan

    Links for the day



  22. Greg Reilly Inadvertently Makes a Case for Replacing/Improving the Patent System With a Wiki, Editable by All as Society Moves Forward

    Editable patents make a lot more sense in the age of the Internet and the World Wide Web; companies that rode the wave of the Net are themselves changing their patents on the go, sometimes because they simply attempt to dodge an evolving patenting criterion which nowadays looks down on software patents



  23. The USPTO's Principal Issue is Abstract Patents (or Patent Scope), Not Prior Art Searches

    In spite of the fact that US courts prolifically reject patents for being abstract (citing 35 U.S.C. § 101) Cisco, Google, MIT, and the USPTO go chasing better search facilities, addressing the lesser if not the wrong problem



  24. António Campinos Makes Excuses for Granting European Patents on Software in Spite of the EPC

    Continuing the horrid tradition of Battistelli, António Campinos sends patent quality -- the one aspect which the EPO was once renowned for -- down the drain (or down the shredder, for lack of a better and more timely metaphor)



  25. Antibody Patents Should Not be Allowed (Nor Should CRISPR Patents)

    The patent extremists are still trying to patent life (and/or nature) and their arguments typically boil down to, "there's money in it, so why the heck not?"



  26. Links 8/10/2018: Linux 4.19 RC7, Mageia 6.1, Calculate Linux 18

    Links for the day



  27. The Federal Circuit Continues to 'Lecture' the Patent Office on Patent Scope and Limits, But Iancu Isn't Listening

    Sadly, the district court have not fully caught up (at least not yet) with SCOTUS; they're more USPTO-friendly.



  28. U.S. Patent and Trademark Office Under Andrei Iancu Subjected to an Assault on Patent Quality

    Donald Trump has let the litigation industry 'govern' itself at the USPTO; all it has accomplished so far is even greater divergence between USPTO determinations and those of actual courts (which means that the USPTO does not follow the law, there’s a state of lawlessness)



  29. When It Comes to Patent Quality António Campinos Might be Even Worse Than Benoît Battistelli

    The lack of genuine interest in the quality of European Patents is perhaps a greater threat to the whole of Europe — if not the whole world — than well-documented human rights abuses and corruption inside the Office; António Campinos has shown no interest in improving patent quality as he denies such a problem even exists and he reduces transparency



  30. In Spite of Campaigns Against It, the Patent Trial and Appeal Board (PTAB) Squashes Software Patents by the Hundreds Per Month, Patent Maximalists Still Try to Stop It

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) achieve exactly what they were set out to do; those who view patent quality as a foe, however, aren't happy and they still try to undermine PTAB IPRs by any means possible (or at least slow them down considerably)


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