Bonum Certa Men Certa

Patents Roundup: Patent Trolls, Patent Reform, IAM's Willful Ignorance, PTAB Paranoia, and Long Briefs

Underwear



Summary: A look at patent news from the United States, focusing primarily on patent trolls or software patents (the trolls' weapon of choice)

Trolls' Antics Spreading



"ServiceNow (NOW) stock rose Tuesday," said this article, "with word out that it might be able to settle some of its patent litigation with privately held BMC Software, avoiding a trial scheduled to start Friday."



"The cost of going to trial (plus all the appeals which typically ensue and moreover the duration which casts doubt and uncertainty) is greater than just settling."This is what very often happens when it comes to software patents. The cost of going to trial (plus all the appeals which typically ensue and moreover the duration which casts doubt and uncertainty) is greater than just settling. That's what gave rise to a lot of what's now known as "patent trolls", even though large companies with actual products do the same thing (our next post will deal with Microsoft, which even created a troll-like entity called “Microsoft Technology Licensing LLC”).

Patent Reform in the US



"In his Patently-O Patent Law Journal essay," says this post, "James Daily reports the results of his investigation into the signatories to these open letters [regarding patent reform that focuses on patent trolls]. He finds, inter alia, that the signatories of the second letter are (1) more likely to be donors to the Republican Party and (2) more likely to be registered patent attorneys."

"Republicans often stand for (or support) what's good for large corporations, which also get represented by patent lawyers (hence they 'trickle down' money to them, at the expense of everybody else)."This is expected, but receiving a reminder that reinforces these expectation can be helpful. Republicans often stand for (or support) what's good for large corporations, which also get represented by patent lawyers (hence they 'trickle down' money to them, at the expense of everybody else).

IAM Doesn't Know What "Trolls" Are (Follow the Money)



Why do we still see so many patent trolls in the US? Why does the EPO's management want to bring them over to Europe with the UPC? And why do friends of the EPO's management (sites like IAM) take money to promote the UPC and to soften the image of trolls? Follow the money. It's not hard.

"It's pretty obvious that the Eastern District of Texas is friendly to trolls."Consider this new article from friends of software patents who are also receiving money from patent trolls (and whose "Editor in chief" does not know how much money is being paid to by sponsors). Whenever they write about patent trolls they manage to not even to mention the word "troll" (because it might offend IAM's parent company, as it's paid by trolls). Here's the latest example which says that "as Congress waits, the Court of Appeals for the Federal Circuit (CAFC) is set to tackle one of the most controversial aspects of patent infringement cases in the US - the thorny topic of venue shopping. Almost all sides of the reform debate can agree that it is not healthy in any legal system for a disproportionately large number of cases in any field to be heard by just one court and for one judge to hear so many. Last year, according to Lex Machina, 2,540 patent cases were filed in the Eastern District of Texas - 43.6% of the total suits brought in the US. Of those, 1,686 were filed with Judge Rodney Gilstrap. Regardless of Judge Gilstrap’s judicial skills, that lack of plurality does not paint the US patent system in a good light."

Amazingly, the article does not say a thing about trolls. Astonishingly, they miss the strong correlation between the Eastern District of Texas, patent trolls, and even software patents.

“U.S. Supreme Court refused Monday to rehear arguments from Pi-Net International Inc., which saw its Federal Circuit appeal in a case against JPMorgan dismissed after it used formatting tricks to hide the fact the appeal brief was too long.”
      --Law 360
"Of course," they added, "if the CAFC or Congress does severely stymie patent plaintiffs’ ability to bring cases in East Texas we might finally see whether patent owners flocked there not because the courts gave them such an easy hearing, but because it’s the only place in which they have been able to get a fair hearing."

It's pretty obvious that the Eastern District of Texas is friendly to trolls. It even openly advertises this, as covered widely in the press just weeks ago. How could IAM miss this crucial fact?

Fear of PTAB



The Intellectual Property Owners Association, which is essentially a lobbying group of the super-rich (not just any holder of patents), is trying to demolish previous reforms that introduced a court known for eliminating a lot of software patents, especially post-Alice. There is also the article "Fed. Circ.'s [CAFC] Embrace Of PTAB To Fuel More AIA Reviews", which related to what we wrote two days ago.

Patents Keeping the Price of Ink Sky-High



To understand the wider impact of patent maximalism look no further than the Lexmark story, which continues to be the subject of lawyers' analyses, e.g. [1, 2, 3, 4] in recent days.

Too Much Work? Inadmissible!



We couldn't help but notice this new article which says that the "U.S. Supreme Court refused Monday to rehear arguments from Pi-Net International Inc., which saw its Federal Circuit appeal in a case against JPMorgan dismissed after it used formatting tricks to hide the fact the appeal brief was too long."

A lot can be said about this, either about the cheeky lawyers who disguised the length of the brief or the court which judges based on the number of words (rather than merit). ⬆

Recent Techrights' Posts

More Shutdowns at Microsoft, Hundreds of Workers Impacted Shortly
It's not the entire wave, just part of it
 
Linux is Not Controlled by Linus (Torvalds)
Torvalds has become "90% marketing hype"
The "No Pain No Gain" Expectations in Publishing
Sometimes truth hurts; but that does not mean it mustn't be told
Intercontinental Brigading - Part XIII - Censorship by All Means Available in a Continent So Far Away, as 'Secure' (Restricted, Restriction by Microsoft) Boot Has a Crisis of Legitimacy
it's about America controlling sites and computers everywhere
Links 24/10/2026: Oligarchs Already Buy US Elections, GAFAM Front Group "EFF" Speaks of "Vulnerability Apocalypse"
Links for the day
Gemini Links 24/10/2026: Automobile Differential Tire Movement, Samsung Washer Woe, and Slop Scraping
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 23, 2026
IRC logs for Friday, October 23, 2026
As Usual, Late on a Friday XBox (Microsoft) Releases Evidence of Its Demise
We covered several such Friday announcements earlier this year
Gemini Links 24/10/2026: Break/Fix and OpenStreetMap
Links for the day
Links 23/10/2026: Slop "is Scaling Transnational Repression" and Infringement and DMCA Suits Against Suno/Anthropic (Plagiarism Blenders)
Links for the day
The Register MS: About 60 Mentions of "AI" in One Day Are Paid-for Spam (Sponsored Hype, Composed by the Companies Covered)
The Register MS is a dying site
Links 22/10/2026: MElon (Elon Musk) Election Interference and Perl/Raku Foundation by the Numbers
Links for the day
Techrights Audience Grew as a Function of the Intensity of Attacks on Its Existence
We try to publish fewer stories but better (not necessarily long but at least important) stories
TechRepublic is Becoming a Slopfarm
It seems like TechRepublic became LLM slop (maybe all of it, maybe only some of it for now)
Techrights is Not About GNU/Linux, Tux Machines Is
When we say "GNU/Linux" we emphasise the GNU
The World Needs Activists With Social Skills and Perseverance
An everyday activist makes life better for everybody, everywhere (not for personal gain or even credit)
Intercontinental Brigading - Part XII - Lawfare to Cover Up Microsoft's Restricted Boot Calamity (Microsoft as Authority Over Linux), Garrett Wants to Talk About Penises Instead
When lawsuits become a political weapon
Without Microsoft's Monopoly (and Monopoly Rents) the Inevitable Microsoft Mass Layoffs Carry on Endlessly
Microsoft Windows is not retaining the dominance it once had
IBM's Debt Grew About $2 Billion in 3 Months
The silent layoffs still seem to impact Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026
Gemini Links 22/10/2026: Solar MiniBBS, Building Major Tom, and Zig
Links for the day
Links 22/10/2026: Busan’s Celebrity Shark in Canal Again
Links for the day
Links 22/10/2026: "Software Developers Have Been Promoted Into Incompetence"
Links for the day
Intercontinental Brigading - Part XI - Losing Over a Million Pounds (Borrowed Money) to Try to Silence Critics of Restricted Boot With Microsoft-Controlled "Certificates"
Garrett is also very jealous of Daniel Pocock
Links 22/10/2026: eBay to Lay Off a Tenth of Staff (Again), Node.js and PHP Security Crises, Climate News
Links for the day
Red Hat Layoffs Still Going on This Week (Whilst IBM's Debt Grows in Spite of Mass Layoffs)
IBM is bluffing/cheating the shareholders again
IBM's Debt Continues to Increase While the Company Rapidly Shrinks
This is what a dying company looks like
Linux Kernel Needs Diversity and Diversity of Good Code, Not LLM Slop
Linux (and Linus) are kicking a can down the road
Microsoft Shrinks Every Year
Microsoft will try to spin or twist this as "efficiency"
Gemini Links 22/10/2026: Holiday Inn and Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 21, 2026
IRC logs for Wednesday, October 21, 2026