Bonum Certa Men Certa

Software Patents Used by Patent Trolls in the United States Are Squashed in Courts

State of litigation



Summary: New evidence, based on two stories where large victims of patent trolls fought back (rather than cough out settlement money), show that software patents increasingly get tossed out by judges, even in trolls-friendly courts

WHEN a software patent that's owned by a troll (the classic scenario) is reported on by the corporate media it's rather easy to spot based on "LLC" in the title, or sometimes just the word "Texas". The targets of litigation by these trolls needn't be just US companies, especially if (or when) the UPC becomes a reality.



A German company (maybe the most famous German company, Mercedes-Benz) has become a victim of some US patent troll called "Vehicle Intelligence". There is nothing about it in Wikipedia and their (his?) Web site is just a handful of pages with all the hallmarks of a patent troll, where "products" are just "licensing" (i.e. patent tax). Reading this article about the troll, we find that "the inventor, Kevin Roe, is also the patent attorney" (again, classic troll). To quote the opening paragraph from Patently-O: "Vehicle Intelligence and Safety LLC is the owner of United States Patent Number 7,394,392 vehicle safety improvements. In particular, the patent claims systems and methods for testing vehicle operators and then taking control of the vehicle if the operator is deemed impaired. Senior Judge Hart of the Northern District of Illinois ruled on the pleadings (12(c)) that the asserted claims were invalid as being drawn to patent-ineligible subject matter under Section 101 of the Patent Act. On appeal, the Federal Circuit here affirms – holding that “the disputed claims cover only abstract ideas coupled with routine data-gathering steps and conventional computer activity.” An early potential strike against the patent that the inventor, Kevin Roe, is also the patent attorney who prosecuted the case and the litigator who filed the appellate briefs."

"Are we seeing software patents on the retreat in the home of software patents? And if so, why on Earth is the EPO‘s management ushering in more of them?"Got that? "Section 101 of the Patent Act." This is a relief as it contributes to the belief or the correct perception that software patents are on the run in the Unites States.

There is another bit of good news, akin to the above. Remember that Patent TrollTracker had worked for Cisco before he got himself and/or his employer sued by a troll for defamation or whatever? Well, Cisco, based on this new report, has just beaten a patent troll that had struck in Texas, which attracted a lot of attention this month [1, 2, 3, 4], 5]. "In 2013," wrote the trolls expert, "a two-judge majority on the panel found that Cisco should have been allowed to tell the jury they had a "good faith belief" that the patent was invalid. The jury instructions were thus improper, and the appeals judges kicked the case back down to the trial court in the Eastern District of Texas."

Well, the $64,000,000 verdict has just been overturned.

Are we seeing software patents on the retreat in the home of software patents? And if so, why on Earth is the EPO's management ushering in more of them? Beggars belief!

Recent Techrights' Posts

It's Only the Second Week of September and Already Two Waves of Layoffs at Microsoft, Slopfarms and Microsoft-Funded Sites Spin It as "AI Investments" Rather Than Commercial Failure
A very large third one expected next week
If Your Machine Still Has "Secure Boot" Enabled, Then Microsoft Has a de Facto Kill Switch (Even If Your Machine Doesn't Have Windows and Never Had Windows)
It is not incorrect to call UEFI 'secure boot' a "kill switch"
Reddit is Corporate Propaganda
To make matters worse, Reddit ousted many original moderators
Jeff Geerling Shocked to Discover Many Metrics in YouTube Are Fake (His Audience Turns Out to be Much Smaller)
Maybe self-host all videos, don't rely on Google's "FOMO" cheating (addiction based on false assumptions)
EPO Workers Point Out that the EPO is Destroying the Planet Under the Guise of "Hey Hi" (It Also Grants Many Invalid Patents Illegally
On 12 March and 16 June 2025, staff representation met with the administration in the Local Occupational Health, Safety and Ergonomics Committee (LOHSEC) in Munich
 
Open Source Initiative (OSI) Culture of Censorship Necessitates More Speech
The OSI bans dissent or people who merely point out that the OSI is abusive
How to Reach Us Discreetly (Other Than Encrypted E-mail)
We're still managing to maintain a 100% source protection record. We soon turn 19.
LLMs Are Vastly Worse Than a Waste of Energy and the Externalities Are Huge
Worse than just higher power bills for everybody
LLMs Versus Search (Not Replacing Search But Engaging in DDoS Attacks Against Web Sites That Permit Searching)
The state of the Web isn't just bad; it's utterly terrible
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 08, 2025
IRC logs for Monday, September 08, 2025
The UEFI 9/11 - Part IX - Shunning Old Computers (in 2023 the Certificate Was Updated/Overridden, Underlying Aim May Be Herding/Forcing People to Get TPM and Other 'Novel' Restrictions)
the "upgrade treadmill"
Rumour: Second Wave of Microsoft Mass Layoffs in September to Commence Third Week of September
That basically answers questions like, "Any specific date or time of the month?"
Gemini Links 08/09/2025: Reality, ROOPHLOCH 2025, and Writing Another Gemini Client
Links for the day
Updating Firmware is Not the Solution But Only Additional Risk, Disable "Secure Boot" Today
firmware blobs are buggy, secret, impossible to audit, and barely tested
Microsoft Tim's DevClass (Part of The Register MS/Situation Publishing) is Full of Slop
Looking at many sites that are full of slop images is becoming an eye sore and hallmark of text too likely generated by LLMs or 'assisted' (tainted) by them
Microsoft Trying to Fake Demand for Slop. At What Cost?
That's a giant demotion and broken promises
Sunlight is the Best Disinfectant and Kryptonite/Garlic to Vampires
Transparency (sometimes described by words like "Sunlight" or "Truth") is paramount
The Register MS Uses Slop in Articles About Slop
we are fairly certain it's slop or CG based on other people's work
Visiting a Web Page or a Public URL Should be Safe, Predictable, and Benign
It's probably too late to "fix" the Web
The Register MS (Situation Publishing) is Paid to Spread Mindless Hype for the "Hey Hi" Ponzi Scheme and That's a Serious Problem
"Sponsored by Zoom."
Links 08/09/2025: Burger King Cracked, Cox v. Sony Analysed
Links for the day
Gemini Links 08/09/2025: Socialist Computer Museum and GAFAM/ByteDance/TikTok-Dominated Net
Links for the day
Links 08/09/2025: Tim Crook Disappoints Apple Faithfuls and Zuckerberg Lies (Financial Fraud) for Cheeto King
Links for the day
Turn Off Microsoft's Restricted Boot ("Secure Boot")
We're still running a series on this issue
Social Control Media Sites Have Become Bot Farms (Not Limited to LLMs and Automation)
linkedin.com was nothing but trouble and losses for Microsoft
Deep in Debt With the Magnitude of Losses Quickly Growing, Microsoft "Open" "Hey Hi" Now Uses Broadcom for Vapourware, Pretending It'll Do OK Next Year
At some stage it'll collapse
You Can Tell Microsoft is in Trouble When Its Own Fans and Staff Blast it
"Microsoft sinks billions into chasing artificial intelligence fads to hype up its share price."
Multiple Undersea Cable Cuts and We're Still OK
Microsoft customers experience problems
Lawyers Who Think They Are Online Assassins Don't Deserve a Licence to Operate
they've become a laughing stock in their "sector"
Microsoft Windows Fell to 3.9% "Market Share" in Bahamas
Based on statCounter
How the European Union (EU) Fell Out of Love With Free/Libre Software
Lots of bribery
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 07, 2025
IRC logs for Sunday, September 07, 2025
Gemini Links 07/09/2025: Scanner, Slop, and Chadobear
Links for the day
The UEFI 9/11 is 3 Days Away
Nobody denies that bad things will happen
Google Versus Journalism
Google played a big role in the demise of news sites
Gemini Links 07/09/2025: Advertising, Decentralized Archival, and Outsourcing to Bezos
Links for the day
Certificate Authority Let's Encrypt Has Almost Gone Down to Zero, Nearly Totally Extinct in Geminispace, the Few Capsules Still Using It Are Spam/Dead/Stagnant
This represents another decrease for Let's Encrypt; the last decrease was last week
Not Much Left in News Cycles
To be very clear, this does not describe "Linux" anything; it's true in just about every facet of news, except the paid-for fake "journalism" about "hey hi" (sites getting paid explicitly to maintain or rekindle hype)
Trying to Silence Techrights Was a Huge Mistake
Peter Thiel attacked a publisher for asserting, correctly, that he was gay. Now everyone knows it.
Throwing Away "Old" Computers (Mozilla and Other Climate Deniers)
Mozilla is not leftist
The UEFI 9/11 - Part VIII - Denial of Service and Selling Us WSL (Windows) Instead of "Risky" (Prone by Breakage by Microsoft) GNU/Linux
Restricted Boot (so-called 'SecureBoot') does not improve security. It is nothing but trouble. It's meant to trouble non-Windows users. In dual-boot setups, SecureBoot is a recipe for disaster because Microsoft keeps erasing or tampering with the boot sector, to paraphrase an associate
Slop is Extremely Rare in Geminispace, Slop Images Are Unheard Of (Despite Images Being Supported)
As long as Geminispace grows in terms of domains it's safe to predict the protocol will still be used in 2029 and hence Geminispace will turn 10
Links 07/09/2025: Robodebt Class Action, Fines, and Copyright Settlement
Links for the day
Links 07/09/2025: Yle Impersonated in Social Control Media, Boat-Attacking Orcas, Midjourney Sued Again
Links for the day
Slopwatch: LinuxSecurity, Linux Journal, and the Serial Slopper
Google won't tackle the issue because Google participates not only in relaying slop but also in generating lots of it
Links 07/09/2025: Google Fines in EU and "Your Internet Access Is at Risk"
Links for the day
Gemini Links 07/09/2025: Little Brother and Corporate Theatre
Links for the day
Links 07/09/2025: More Harms of Slop and Anthropic's Nightmare Scenario (Huge Legal Liabilities for Slop)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 06, 2025
IRC logs for Saturday, September 06, 2025