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

Slop-Posting is a New Form of S---posting
We recently caught several more "linux" sites (with "linux" in their domain name) turning to slop
Losses From Slop Are "Investment", Hundreds of Billions in Debt Are "Growth Opportunity", Layoffs Are "Great to See", and Loss of Business Means "We Need a Slowdown" (for "Safety")
Microsoft is removing staff, as investment is apparently the act of shrtinking
 
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026
Gemini Links 30/09/2026: Fish Leather, Slop Formation, and ROOPHLOCH
Links for the day
In a Lot of Europe (or EU) Android (With Linux) is Bigger Than Windows
For example in Greece
EPO Cocainegate: Lots of Money (Over a Million Euros) for Cocaine Addicts, Not for Children With Special Needs
Next month we'll bring out some more Campinos scandals
High Court victory: Nigel Farage is 'the Company's own candidate'
Reprinted with permission from Daniel Pocock
It Took GNOME's Code of Conduct Committee (CoCC) Over 8 Months to Realise CoC Reports Went Into /dev/null/
It would be ironic if the blunder's culprits were punished for it, would it not?
Links 30/09/2026: Microsoft "OpenAI Ignored Employees’ Warnings About Safely" and "Pentagon Personnel Agency Data Breach Impacts 3 Million People"
Links for the day
The Register MS "Events" As Paid Spam That Promotes and Keeps Afloat Hype About Slop
This dreary sort of media reads like a soup of words, i.e. like the thing it is advertising
Digital Independence in the UK and in Western Europe
We have the technical capacity and skilled personnel to achieve this
IBM's Anderon as a Mass Layoffs Ritual With a Bailout (From US Taxpayers to IBM) and Other Perks
Like those empty promises in the first term of the Cheeto dictator
Gemini Links 30/09/2026: David Bowie, Web Rendering Proxy, Ink and Letters, Gemlog Nostalgia
Links for the day
EPO Annual General Meeting (AGM) Will Speak of Financial State of the EPO's Union
Their work is needed because the EPO breaks the law
Rust Causes Upgrade Issues in Ubuntu
They could just keep GNU coreutils in place (nothing was broken about it) and avoid Microsoft's back doors and TPMs
Brigading Against Women - Part XII - Toxic Masculinity, Hunting Women, Will Code for Sex
Who says things like these?
The Microsoft Lunduke Slop Problem
Microsoft Lunduke does not support Software Freedom; he serves to discredit many ideas championed by Free software or ideals articulated which are apolitical for the most part
Links 30/09/2026: "Understanding the LLM Bubble" and "Florida Senate Threatened Legal Action Against Newspapers"
Links for the day
It Looks Like Mass Layoffs at "Nordcloud, an IBM Company" Today (a Day Ahead of Red Hat)
Expect the same from Red Hat next
British Prime Minister Recognises Social Control Media as National Cohesion Problem
one has to wonder if addiction to social control media is not compatible with peace
The Future Isn't Social Control Media (Nothing Will be Left of It, Not Even Archives)
"Error code: 502 Bad Gateway"
GNU/Linux Usage in China is Increasing
China is leaving Microsoft and Windows behind
43 Years of GNU and GAFAM's (Especially Microsoft's) Attacks On It
GNU is very widely used (when people say "Linux commands" they typically mean "GNU programs"), hence it's being attacked a lot
CDMAG Covers Free Software, New Magazine From Decent People
If enough people accessed their site, they would not rely on social control media (third parties, censorship platforms)
Brigading Against Women - Part XI - An Abject Lack of Social Skills (and Not Knowing How to Handle Women)
GGG enjoy - if that's the right term - very bizarre or esoteric sex life
Gemini Links 30/09/2026: Accelerationism, "The Billionaire is Wrong", Rant About LLM-generated Support E-mails
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 29, 2026
IRC logs for Tuesday, September 29, 2026
Black Brit on "Pictures Comparing Me to a Monkey" Because of Brett Wilson LLP Client
"Like Firm, Like Clients..."
President of the EPO Should be Kicked Out, Not Have His Term Terminated in 2028
The President is facing more scandals soon
David Gordon at The Register MS Keeps Feeding the Pyramid Scheme With Fake Articles That Say "AI" Dozens of Times
How can such a publisher still be taken seriously?
The Local Staff Committee The Hague (LSCTH) at the EPO Explains the Working Conditions and Crisis of Plunder (Less for Workers, a Lot More for Dictators Who Refuse to Leave Leadership Roles)
Next week will be epic
EPO Will Stop Working for 10 Days to Protest Against 'Cocaine King' and His Assault on Democracy, Lawfulness, Transfer of Power at EPO
Strikes, work stoppage, all rolled onto one
IBM Brings Avalanche to Red Hat October 1st 2026 (Thursday)
IBM is turning up the heat on staff
Links 29/09/2026: Mass Layoffs at Microsoft and Backlash Over Data Center Policy of Microsoft
Links for the day
Techrights is International
There are many sites that focus on local communities or nations. We're not one of those sites.
5 Years Ago (September 29, 2021) Richard Stallman's Talk in Ukraine Noted
Let's hope the war will end soon
Links 29/09/2026: Acceleration, Morale, and ROOPHLOCH 2026
Links for the day
Links 29/09/2026: "Scam Altman Is Driving Drunk" and Anthropic Lies About Slop Usage
Links for the day
Brigading Against Women - Part X - When Actions of American Men Are Not Judged by Other American Men
"There is not the slightest suggestion that either Dr or Mrs Schestowitz did anything to invite or deserve it. They are both clearly and justifiably angered, dismayed, distressed and hurt by it."
European Patent Office (EPO) Series: A Source of Pride for Portugal?
In this part our focus returns to the main theme of this series, namely the current reappointment campaign of the EPO President, as we consider whether Campinos can still expect to enjoy the same level of support from the Portuguese political establishment as he did during the earlier stages of his career
Computers Freeze Because of UEFI Restricted Boot
damage is also done to computers running Windows
It is Very Expensive to Slow Down Techrights
Garrett's expensive hearing (costing the British taxpayers about 120,000 pounds; he doesn't live here and does not pay tax here) slowed us down for a few days, but we've picked up the pace since
Linux Has Conquered Mobile, But Desktops and Laptops Matter More
When people say the desktop "doesn't matter" they seem to be missing the point that workplaces use desktops (or laptops) and a lot of the work gets done not on skinnerboxes but "workstations" or terminals
Brigading Against Women - Part IX - "What Are You, a Racist?"
Because behind every strong man is a strong opinion?
Gemini Links 29/09/2026: "Digital Sabbath", Starting a GemCapsule, and Sterrenkijker 1.1.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 28, 2026
IRC logs for Monday, September 28, 2026