Bonum Certa Men Certa

What Patent Lawyers Aren't Saying: Most Patent Litigation Has Become Too Risky to be Worth It

These people rely on a constant flow of lawsuits (for them to bill and profit from both sides)

Old key



Summary: The lawyers' key to the castle is lost or misplaced; they can't quite find/obtain leverage in courts, but they don't want their clients to know that

THE SUMMERTIME/summer season generally brings out or yields fewer decisions, hence less news. The EPO and SUEPO have been quiet this past week and the USPTO says just about nothing. Iancu seemingly vanished (his name hasn't been brought up in nearly a month). Court proceedings, however, still go on.



"Iancu seemingly vanished (his name hasn't been brought up in nearly a month)."The real (and growing) risk of getting oneself fined -- at times pretty badly -- for frivolous patent litigation is becoming more profound (under 35 U.S.C. €§ 285).

Some days ago we said that "Cellspin Soft Will Likely Need to Pay the Accused Party’s Lawyers Too After Frivolous Litigation With Patents Eliminated Under 35 U.S.C. €§ 101" and Donald Zuhn caught up with a similar case shortly afterward when he wrote:

Last month, in Akeso Health Sciences, LLC v. Designs for Health, Inc., District Judge S. James Otero of the U.S. District Court for the Central District of California denied a Motion for Exceptional Case Determination and Award of Attorneys' Fees filed by Defendant Designs for Health, Inc. ("DFH"). In its Motion, DFH argued that the case should be deemed "exceptional" within the meaning of 35 U.S.C. €§ 285, and that DFH should therefore be awarded attorneys' fees.


Frivolous patent litigation going astray and punished again? We have seen not one but several such cases very recently. It's becoming somewhat of a 'trend'. 35 U.S.C. €§ 285 was also brought up in Eko Brands, LLC v Adrian Rivera Maynez Enterprises, Inc. et al, which Docket Navigator has just covered by saying that "[t]he court granted in part plaintiff's requested fees under 35 U.S.C. €§ 285 because defendant maintained its invalidity defense solely to extend the time of an ITC preclusion order."

"Frivolous patent litigation going astray and punished again?"That's about ITC rather than the Federal Circuit. We have been highly critical of the ITC's refusal to accept Patent Trial and Appeal Board (PTAB) judgments on patents after inter partes reviews (IPRs) had been filed.

The signifiance of 35 U.S.C. €§ 285 here is that it can act as a deterrent -- an additional one on top of 35 U.S.C. €§ 101 -- against unnecessary/abusive litigation.

"The worthy conclusion here is that reasons to refrain from filing patent lawsuits have only grown in number."The Docket Navigator has since moved on to Olivia Garden, Inc. v Stance Beauty Labs, LLC et al, which hours ago it said involved a "motion to dismiss for improper venue because plaintiff provided no authority for the court to exercise pendant venue over defendant to further judicial economy in a two-defendant action."

Another case which cites TC Heartland (TC Heartland LLC v Kraft Foods Grp. Brands LLC) in order to deal with unjust patent litigation venue? This too is a deterrent these days.

The worthy conclusion here is that reasons to refrain from filing patent lawsuits have only grown in number. Patent law firms don't want to say this as it's "bad for business" (their 'business').

Recent Techrights' Posts

New US Editor for The Register is a Microsoft Booster
"Avram Piltch has served as US editor for The Register since July 2025."
Reda Demanded That FSF Removes Its Founder, Now Reda Works Directly for Microsoft
A sellout and a traitor, first working for GAFAM, now Microsoft
PCLinuxOS is Raising Money to Support Development After Fire Incident at the Host
PCLinuxOS has not had announcements lately
Over 3 Months Later Brett Wilson LLP Still Unable to Recruit a Media Lawyer?
"Immediate start", but not found... still unfilled
Microsoft is Trying to "Pull a Nokia" on GNU/Linux as Desktop/Laptop Platform
We all remember that rather well, don't we?
Our Three Lawsuits Against Microsofters Are About to Become a Lot More Relevant to GNU/Linux
The Master will easily understand why Garrett has been attacking me since 2012
 
The LLM Con Artists Are Highly Destructive
Who will ever be held accountable for this scam?
Too Bribed by Microsoft to Move to Free Software?
Microsoft lies and Microsoft bribery (in politics)
Microsoft Hiring European Politicians is Another Form of Bribery; There Should be a European Investigation
When Microsoft bribed people in Europe for OOXML (there's no denying this!) a European government delegate said that Microsoft operated like a cult
Speed of the Site Should be Better Now
The "bot attacks" impact the speed of the sister site too
Getting More From AnalogNowhere
Recently we used many images from AnalogNowhere
Microsoft, Microsofters and 'Secure' Boot Shills Already Storming the LWN Report About Expiring Certificate, Shooting the Messenger
LWN has clearly stuck a nerve
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 23, 2025
IRC logs for Wednesday, July 23, 2025
Disable "Secure" Boot Today (the Only Better Time to Do So Was Yesterday)
Don't trust anything Red Hat tells you about security
Links 23/07/2025: Windows Killed Company After 150+ Years, US Government Mimics Russia's Attacks on the Media
Links for the day
Freedom Generally Wins at the End, History Shows (But It's Constantly Attacked, Too)
At the moment people realise "Linux" (e.g. Android) isn't enough to guarantee any freedoms
“Inhumane” and “Disgusting” Mass Layoff Execution, According to Microsoft Staff
The workers are looking for other places to work
Misinformation is Not Intelligence
It's low-grade plagiarism and it fails to show any signs of intelligence
The Free Software Foundation (FSF) Has a New Slogan for Its 40th Anniversary
The freedoms are what's most important
LLM Slopfarms gbhackers.com, "Cyber Press" and CyberSecurityNews Are Drowning Google News (and Shame on Google for Feeding and Facilitating Them)
All are run by the same people
Links 23/07/2025: Droplets GUI Patent Monopoly Challenge, Nokia Leverages Illegal Patent Court Against Rivals
Links for the day
Gemini Links 23/07/2025: Community in Geminispace and Challenges With Old Computers
Links for the day
Links 23/07/2025: Slop Patents Tackled, Slop Copyright Misuses Tackled by Politicians
Links for the day
Links 23/07/2025: Retreating From Transparency on Jeffrey Epstein, We No Longer Have Press Freedom
Links for the day
Gemini Links 23/07/2025: Piano and Food
Links for the day
New and Old
On Ageism in Tech
Slop Is Not Intelligence and It Does Not Enhance Productivity
Like voice dictation, which cannot tell the difference between "sheet" and "shit"
EPO Crimes Are Spreading to the British Court System
Society is now paying the price for failing to tackle crimes at the EPO
It's Time to Dump SharePoint and Here's What to Use Instead
Nextcloud, ownCloud, Bookstack, MediaWiki, and MediaGoblin
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 22, 2025
IRC logs for Tuesday, July 22, 2025
Brett Wilson LLP Has Gone Silent
Sometimes silence says more than nothing at all
Slopwatch: LinuxSecurity, Planet Ubuntu, and LinuxTechLab
some slopfarms show no remorse and they don't value their reputation at all
Links 23/07/2025: Book Bans, Storms, and Kangaroo Court for Patents Commits More Unlawful Acts of Overreach
Links for the day
Gemini Links 22/07/2025: Thinkpad and Pinephone
Links for the day
Links 22/07/2025: "Blog Restart" and Microsoft Clobbered by “ToolShell"
Links for the day
Global Warming and Global GAFAM Energy-Wasting
Burn more money (borrowed, loans), then hope the waste will somehow translate into profit?
No Compliance With the European Patent Convention (EPC) at the European Patent Office (EPO)
It's about preventing competition against this autocracy
Blue-Collar Trolls vs White-Collar Trolls
Examples of white-collar trolls
Apple Vision Pro Failed So Badly That Its Sales Are About 2,000 Times Smaller Than iPhone Sales
What's left for Apple to offer other than hype?
To Millions of People "Year of the Linux Desktop" Was Some Time in the 1990s (Bootable GNU/Linux as a Complete Operating System is Over 33 in Age)
In some sense, "year of the Linux desktop" was 33 years ago
Make No Assumptions (or Demands) About the Screen Resolution Used by Other People
There are usability aspects, aside from accessibility aspects
Why Wayland (and XWayland) Won't Solve the Key Problem It Proclaims to be Tackling (the Same Is True for Rust)
The problem isn't Wayland per se but the false promises and efforts to force everybody to move to it whilst insulting or demonising everyone who won't play along
They Don't Tell Us that 'Digitalisation' (Now Sold as "Hey Hi") Just Means Customers Become Unpaid Staff and Are Made Accountable
People are being conditioned to associate technology with something undesirable, at times even unbearable
Diplomatic Immunity Should Not Exist for Anybody
The EPO in its current form gradually 'normalises' the end of European democracy
Brett Wilson LLP Stopped Sending Me Papers When I Showed It had Sent Me Over 5 Kilograms of Legal Papers
A week ago we lodged our third lawsuit
Microsoft Mass Layoffs and Shutdowns Became the New Normal at Microsoft
Microsoft mass layoffs became a topic of everyday media coverage since May
Amazon Web Services (AWS) Has Layoffs and Microsoft Gaming/Entertainment Division Has an Uncertain Future
it's good to see all those horrible things crashing and burning
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 21, 2025
IRC logs for Monday, July 21, 2025
FSF "Raised Almost $139,000 During This Summer Campaign"
"Thank you for making a stand against dystopia!"
Gemini Links 22/07/2025: VPS Exploited and Fear of View
Links for the day