Bonum Certa Men Certa

Patents Roundup: The Eastern District of Texas, Jurisdiction Changes, Dubious Patents, and Even Sanctions

Delaware stop



Summary: Texas patent cases, patent reform prospects, Delaware cases, and some updates on high-profile patent cases

Eastern District of Texas



BASED on the latest numbers from Lex Machina, whose figures are typically used to oppose excessive litigation and support patent reform (just look who's behind Lex Machina), indicate that there's a reduction/decline in prospects for patent litigation. The patent maximalists interpreted this as follows: "We know that new cases in the US were back up again last year, not hitting the heights of 2013 but still the second busiest on record. We also know that activity in November was unprecedented thanks to new, tougher pleading standards coming into effect in December. And it has also been widely reported that even by its standards it was a standout year for the Eastern District of Texas, where almost 44% of new cases were filed, and East Texas judge Rodney Gilstrap, who chalked up an incredible 1686 new lawsuits."



"Some believe that jurisdiction-based patent reform alone would help mitigate/limit the problem."The Eastern District of Texas, the capital of patent trolls, is quite a cesspool. It even advertises itself as such (low patent bar in the courts).

Based on this new article from Heather Greenfield (at CCIA): "Senators Jeff Flake, R-Ariz., Cory Gardner, R-Colo., and Mike Lee, R-Utah, have introduced a bill aimed at patent trolls filing abusive patent cases in the Eastern District of Texas, considered friendly territory for those whose main business is patent lawsuits rather than making products. The Eastern District of Texas took 44 percent of all patent cases filed in 2015. Judge Gilstrap of the Eastern District is based in Marshall, Texas, which has a population of 24,000 people, yet he hears about one-fifth of all patent cases in the United States."

They both use the same statistics and talking points: "The Eastern District of Texas took 44 percent of all patent cases filed in 2015."

Some believe that jurisdiction-based patent reform alone would help mitigate/limit the problem.

Texas Trials and Jurisdiction Questions



We previously wrote about the Metaswitch/Genband case and it is back in the headlines again [1, 2, 3, 4]. Real (practicing) companies from Europe are being hurt, so we're left wondering what takes US Congress so long to take action. One suggested kind of reform pertains to jurisdiction/venue shifting, or sanctions on it. A better solution would identify the pattern in the patents themselves (software patents) and work towards squashing them.

"One suggested kind of reform pertains to jurisdiction/venue shifting, or sanctions on it."See the new article titled "Venue and Personal Jurisdiction Updates" and also "ANDA filing creates Nationwide Personal Jurisdiction", which precedes it. It's about generics, it involves CAFC, and it says: "The facts here involve Mylan seeking FDA approval to market its generic drugs that will eventually be sold in Delaware (as well as every other state in the Union). In considering that action, the court found it sufficient for personal jurisdiction for cases steming from the ANDA approval application."

Here is the part about jurisdiction: "In this personal jurisdiction case, the Federal Circuit has affirmed the Delaware Court’s ruling that the court has specific jurisdiction over Mylan in two parallel cases. In a super-broad holding, the court here finds that when a generic company files a new drug application (ANDA) with the FDA, that the filing opens the door to personal jurisdiction in any state where the Generic Company will market the drug if approved. This effectively means that the generic company could be sued in any state in the Union."

"A better solution would identify the pattern in the patents themselves (software patents) and work towards squashing them."Speaking of Delaware, see this new update about another Delaware case (it's behind a paywall). The publicly-accessible part says: "Wireless technology company Novatel and a patent holding company that accused it of infringing two communications patents have agreed to dismiss their case, one week after a Delaware federal judge narrowed the claims in the suit and threw out experts from both sides."

Delaware, unlike Texas, is up north, and it is not as friendly as Texas when it comes to plaintiffs.

Dubious Patents



An article by Timothy Geigner covers a topic which we touched here twice before. "It's often claimed," Geigner writes, "that patent and trademark litigation is chiefly employed as a measure to simply lock out otherwise fair competition." That's exactly what we have here. To quote his article:

The founder of Global Archery, John Jackson, on the other hand, appears perfectly willing to come out and describe his motivation for filing a patent and trademark infringement suit against a LARPing hobbyist that sells some non-lethal foam arrows on the side.

But first some background. LARP stands for live action role play, for those of you who didn't know that already. To aid in the roleplaying of battles, LARPers will use non-lethal "weapons", such as foam swords and arrows, and the like. Larping.org is a hobby site for LARPers, featuring interviews, how-to videos, etc. In their shop, they also sell LARPing gear, all of which I believe is resold from third party manufacturers. Now, Global Archery has patents on specific foam-arrow designs, which chiefly revolve around the way the foam arrowhead is secured to the shaft. One half of the company's claim against Larping.org is for infringement on those patents.


Why were such patents granted in the first place? How much would it cost the defendant to prove them to be bogus?

Sanctions



Apple has relied on embargoes, or threats of embargoes, in order to get companies to pay Apple for Android devices and/or remove basic features (like a slider that unlocks a screen). The ITC has been used by Apple for this and Microsoft has done so too. They're both attacking Linux (especially on devices) using software patents. This new article serves reinforce time estimates that say it will be Monday when we finally know if Apple can take Android (Samsung actually) to the Supreme Court). To quote:

Decisions in the Apple v. Samsung patent infringement cases have swung widely to both sides, suggesting the courts are unable to make clear rulings for the fast-moving high tech sector. But two experts advise taking a broader perspective about historic shifts in intellectual property law, some of them probably still ahead.

The U.S. Supreme Court could decide as early as Monday (Mar. 21) whether or not to hear an appeal on design patents involved in the case. “Not a lot of design cases have percolated to the top…[but
we have seen the profile of design rights come out of the backwaters and into the limelight,” said Christopher V. Carani, a partner at McAndrews Held & Malloy Ltd. (Chicago) who specializes in design patents.


Apple is still trying hard to extract billions of dollars out of Samsung, under intense pressure of embargoes and whatnot. Apple used HTC as precedence against Samsung. If Samsung falls, who's next in Apple's path of destruction? Also consider the following new article:

ZTE set to appeal US export ban



CHINA’S ZTE Corp will appeal tough US export restrictions imposed last week, according to a person familiar with the matter, after the telecom equipment maker’s costly lobbying effort failed to allay concerns about its business.

The US Commerce Department imposed restrictions on US suppliers providing crucial components to ZTE for alleged Iran sanctions violations, a move likely to disrupt its global supply chain.

“The US Department of Commerce and ZTE Corp are in ongoing discussions,” a senior Commerce Department official said. “These discussions have been constructive, and we will continue to seek a resolution.”


Who benefits from such political embargoes? Surely Apple must be in favour. This case was mentioned earlier this month by IAM, which believes it indirectly relates to patents-induced embargoes. How far will the US system go? Embargo or sanctions cannot help costumers; when will this be realised and when will the public realise that patents excess generally harms everyone?

Recent Techrights' Posts

In Norway, Android/Linux Has Just Hit All-Time High (First Time Since 2020), GNU/Linux Already Very Prevalent
Despite its small population size, Norway gave us Qt and many other things
Microsoft's Mass Layoffs Very Wide-Ranging, Media Focused on Gaming Though Microsoft Mass-Firing Lawyers and "AI" Staff (Contradicting Its Supposed "Investment" in "AI")
Microsoft plans to fire almost half a thousand people in legal roles
2012 Article About the Free Software Foundation Blasting Canonical/Ubuntu Over Adoption of "Secure" Boot (Microsoft's Remote Control Over GNU/Linux Since PCs' Power-on)
By Katherine Noyes (article has since then became 404, not found)
Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
The European Patent Office Cannot Attract Proficient Patent Examiners Who Master Their Domain
They are enablers and facilitators of corruption
 
Gemini Links 19/07/2025: Git For Authors and Filtered Antenna
Links for the day
UEFI 'Secure' Boot Abuses by Microsoft to be Brought Up in the UK High Court in 3 Months
we'll seek compensation
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Next Year It'll Be Half a Decade Since the Fall of Freenode (and IRC is Still Doing OK)
Our IRC network is still accessible using the exact same software that ran in Windows 3.x
Lupa Will Soon Know of 3,100+ Active Gemini Capsules
And some people in the "Small Web" try to tell us that Gemini is dying?
The Slopfarms Are Taking Real News Articles and Replacing Them With Lies Generated by Machines
Bluntly speaking, Fagioli is nothing short of an online scammer
Links 19/07/2025: Techtarget to Cull 10% of Staff, New Threats to Free Press in the US (Home of Dangerous and Violent Stranglers From Microsoft)
Links for the day
Gemini Links 19/07/2025: "Climate Justice” and Forking Programs
Links for the day
What Wayland and Microsoft/IBM systemd Have in Common
focus on what IBM (Red Hat) is pushing while running over critics.
Linux Already Has About 60% of the "Market"
"When mentioning the client side," opines an associate, "it is essential to recite the list of other markets where Microsoft is negligible or a no-show. It is repetitive to do so, but it needs saying -- often."
Finland (and NATO) Must Move to GNU/Linux and Dump Microsoft Even Faster
"Microsoft is not a technology problem, it is a staffing problem."
The Microsofters We Sued Helped Microsoft Make GNU/Linux 'Expire' This Year
"Linux and Secure Boot certificate expiration"
linuxconfig.org Joins linuxtechlab.com and Others, Becomes a Slopfarm With Fake Linux 'Articles' (LLM Slop)
They contain "linux" in their domain names, but they are just slopfarms
Links 19/07/2025: Microsoft Cuts in China and Wall Street Journal Sued for Reporting on Jeffrey Epstein
Links for the day
Fascistic Policies Got 'Normalised' in 'Public Office'. Let's Not Let the Same Happen in 'Tech'.
Political discourse typically guides what's "normal" and what "good citizens" should believe/feel
Yes, Your Mastodon Instance Will Also Shut Down
Few people run a one-person instance in the Fediverse
The Demise of GAFAM Necessitates Greater and Broader Awareness
Morale at Microsoft is really bad
Free Software Foundation Reaches 75% of Funding Goal
Not bad for this "Fosschild"
Slopwatch: 7 New Examples of Fake 'Linux' Slop Pieces (Plagiarism With Misinformation)
Serial Sloppers need to be shunned
Links 19/07/2025: Kapo-berg Settles, Software Patents Challenged
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 18, 2025
IRC logs for Friday, July 18, 2025
Links 18/07/2025: Peace With PKK and Connie Francis Dies
Links for the day
Gemini Links 18/07/2025: Alhena 5.1.8 and Bornhack 2025
Links for the day
How to Top Up a "Limited Liability" With Even More Limitations (Dodging Accountability in the UK)
Some people call it a "shell game". Sometimes it's done for tax evasion purposes.
Free Software Foundation, Inc. (FSF) Inches Towards 75% of Fund-Raising Target
Will the cutoff date be extended again?
Gemini Space (or Geminispace) Grows, But Usage of Certificate Authority Let's Encrypt Drops Further
Ideally, all Gemini capsules should use self-signed certificates
Links 18/07/2025: More Microsoft Layoffs in Activision, The New Stack (Sponsored by Microsoft) Complains About Openwashing
Links for the day
Gemini Links 18/07/2025: OCC25 Gnus for Reading Usenet and RSS Feeds, Small Web Updates
Links for the day
[Meme] 9AM Meeting at Brett Wilson LLP
Brett Wilson LLP in space
Listing as Staff People Who Left the Company More Than Six Years Earlier
There are apparently no laws against that
Brian Fagioli Shovels Up LLM Slop (Plagiarism) Onto Slashdot, Then Uses Slashdot for Affirmation or as Badge of Honour
Notice how some of his latest slop is presented ("as featured on Slashdot")
Social Control Media Productivity
Snapping photos of the bone
The Law Firm SLAPPing Us For the Microsofters Lost 72% of Its Tangible Assets in the Past Year, According to Its Own Reports
That might help explain why they're willing to tolerate serial stranglers from Microsoft as clients
Slopwatch: LinuxSecurity.com Slopfarm and Slopfarms Propped Up by Google News
"As LLM slop is foisted onto the WWW in place of knowledge and real content, it now gets ingested and processed by other LLMs, creating a sort of ouroboros of crap."
Links 18/07/2025: Weather Events and Health Hazards
Links for the day
Microsoft's All-Time Low in Finland
Microsoft is in a freefall
Security: Shane Wegner & Debian statement of incompetence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 17, 2025
IRC logs for Thursday, July 17, 2025
Gemini Links 17/07/2025: "Goodreads for Gemini" and Defence of "The Small Web"
Links for the day
Links 17/07/2025: Anger and Morale Issues at Microsoft, Wars and Conflicts Get Digital
Links for the day
CALEA / CALEA2 is the Real Problem, Not Chinese Operatives Exploiting CALEA / CALEA2 (as Any Other Nation Can)
CALEA / CALEA2 is more of a front door than a back door
99.99% Uptime in First Half of 2025
Since January there was only one noticeable outage
Nils Torvalds and Anna "Mikke" Torvalds (née Törnqvis) Hopefully Use GNU/Linux by Now
"Torvalds Family Uses Windows, Not Linus’ Linux"
Attack of the Slopfarms
FUD-amplifying bots with slop images, slop text (LLM slop)
When People Call a Best/Close Friend of Bill Gates a "Serial Rapist"
Good thing that the Linux Foundation keeps the "Linux" trademark ("Linux Mark") clean
Not My Problem, I Don't Care
Context/inspiration: Martin Niemöller
Honest Journalism About the European Patent Office Ceased to Exist After SLAPPs and Bribes to the Media
The EPO is basically a Mafia
Microsoft Bankruptcy in Russia, Shutdown in Pakistan, What Next?
It seems possible that in 2025 alone Microsoft will have laid off over 50,000 workers
Life Became Simpler When I Stopped Driving and I Don't Miss Driving When I See "Modern" Cars
Gee, wonder why car sales have plummeted...
Why I Believe Brett Wilson LLP and Its Microsoft Clients Are All Toast
So far our legal strategy has worked perfectly
EPO Jobs Are Very Toxic and Bad for One's Health
Health first, not monopolies
Response to Ryo Suwito Regarding the Four Freedoms
the point of life isn't to make more money
Microsoft's Morale Circling Down the Drain
Or gutter, toilet etc.
What Matters More Than "Market Share"
The goal is freedom, not "market share"
Tech Used to be Fun. To Many of Us It's Still Fun.
You can just watch it from afar and make fun of it all
Links 17/07/2025: "Blog Identity Crisis" and Openwashing by Nvidia
Links for the day
Greffiers and the US Attorney of the Serial Strangler From Microsoft
The lawsuit can help expose extensive corruption in the American court system as well
Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
The People Who Promoted systemd in Debian Also Promote Wayland
This is not politics
UK Media Under Threat: Cannot Report on Data Breach, Cannot Report on Microsoft Staff Strangling Women
The story of super injunction (in the British media this week, years late)
Victims of the Serial Strangler From Microsoft, Alex Balabhadra Graveley, Wanted to Sue Him But Lacked the Funds (He Attacked Their Finances)
Having spoken to victims of the Serial Strangler From Microsoft
Links 17/07/2025: Science, Hardware, and Censorship
Links for the day
Gemini Links 17/07/2025: Staying in the "Small Web" and Back on ICQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 16, 2025
IRC logs for Wednesday, July 16, 2025