Bonum Certa Men Certa

Law Professors Try to Put an End to Patent Trolls So Patent Trolls-Funded IAM 'Magazine' Complains

Corporate lobbyists, think tanks (like the Coalition for 21st Century Patent 'Reform'), bogus news sites and patents lawyers antagonise change which is well overdue

IAM logo and friends



Summary: Many professors suggest a method of stopping patent trolls (restrictions on venue shifting), so patent trolls-funded propaganda sites and think tanks strike back and distract even further, putting forth a wish list or a 'reform' that's designed to give them more money and incredibly protectionist power

EARLIER this year we wrote a bunch of posts about the VENUE Act [1, 2]. The EFF had done a lot of work in the area, but after it made some headlines we haven't been hearing much about it. At its core, the VENUE Act suggests moving patent trolls away from Texas (where they enjoy plaintiff-friendly courts).



"At its core, the VENUE Act suggests moving patent trolls away from Texas (where they enjoy plaintiff-friendly courts)."Professor Crouch's site mentioned this strategy again a few days ago, noting: "A group of 45 professors sent the following letter to Congress arguing for statutory reforms to limit venue in patent infringement cases. One focus of this move is to direct intention toward a focused and limited action rather than another round of comprehensive patent reforms. This type of limited reform could come as part of a late-session omnibus package."

This was later mentioned again in part 2 that said: "While law professors call for venue patent reform, the TC Heartland venue and personal jurisdiction challenge appears to still have legs. In April 2016, the Federal Circuit rejected the mandamus action, but the Supreme Court recently granted TC Heartland’s delay petition – allowing its petition for writ of certiorari to be filed by September 12, 2016. In the case, TC Heartland argues that the statute itself (28 U.S.C. €§ 1400(b)) limits where patent claims can be brought and that the Federal Circuit has unduly broadened venue in ways that harm the system."

"So basically, IAM and its chums want to protect trolls and also go further by protecting software patents and other forms of nuisance."Academics understandably wish to discourage patent trolls. Some made a career (or many high-profile papers) out of it, e.g. Professor James Bessen. Don't expect patent lawyers-funded publications to join these professors. IAM (funded by the likes of MOSAID, a patent troll now known as Conservant) wrote a sort of rebuttal rather than coverage: "In a statement to this blog the advocacy group underlined its position: ‘21C does not favor a venue-only bill as it does not address the other abuses in the system, in particular with IPR/PGR. A policy fix is especially needed given the Supreme Court’s ruling that the PTO was legally entitled to adopt BRI.” That ruling from the Court came in Cuozzo v Lee which left the IPR regime intact."

Cuozzo was good news [1, 2, 3, 4], but not for patent lawyers. IPR/PTAB is also a good thing, but not for patent lawyers. So basically, IAM and its chums want to protect trolls and also go further by protecting software patents and other forms of nuisance.

"The situation in the United States is flaky when it comes to software patents right now."To quote the concluding words: "The professors’ letter may well place venue reform even further in the spotlight but without 21C on board it’s still hard to see how standalone legislation makes it to the President’s desk."

"21C" is the Coalition for 21st Century Patent Reform, which is more like a think tank, supported by large corporations such as AstraZeneca, BP, Eli Lilly, patent lawyers (American Intellectual Property Law Association), Ericsson (with patent trolls), and Siemens (software patents proponent).

Speaking of software patents, they seem to be going away or fading away. More of those dead software patents, having just died from Alice (as per the Supreme Court's decision), are reported on or mentioned at the court which is the originator of software patents. To quote a patent attorney: "Shortridge v. Foundation Construction--CAFC Held Claims Invalid under 101/Alice: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1898.Opinion.7-11-2016.1.PDF …"

Also from this court (CAFC) we have the following news: "The Federal Circuit sitting en banc ruled in its The Medicines Company v Hospira opinion that MedCo’s purchase of manufacturer Ben Venue’s services to produce its anticoagulant drug Angiomax, which contains blood thinner bivalirudin, did not trigger the on-sale bar, as Hospira claimed."

The situation in the United States is flaky when it comes to software patents right now. They're dropping like flies, which is good for quality at the USPTO but not so good for patent lawyers and attorneys who are accustomed to making business out of software patenting (at the expense of software developers). ⬆

Recent Techrights' Posts

Linux is Not Controlled by Linus (Torvalds)
Torvalds has become "90% marketing hype"
 
Gemini Links 24/10/2026: Arch Linux Journey and Amin Bandali's Priorities
Links for the day
Bluewashing as a Form of Silent Layoffs
IBM will continue to shed off loads of workers while its debt climbs
Turning 20 in 2 Weeks and Upcoming Network Maintenance
That ought not interrupt our anniversary
Microsoft Shutdowns Accelerating, More Shutdowns Revealed (Not Connected to Gaming)
Silent layoffs disguised as "voluntary" "exits"
Links 24/10/2026: Microsoft Blackmail and Lingering Unrest in France:
Links for the day
Gemini Links 24/10/2026: From Bendigo to Kerang, Enshittification of Radio and Music in the UK
Links for the day
Red Hat Sinks With the Blue (IBM) Ship
As IBM's debt continues to soar so do the silent layoffs
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
More Shutdowns at Microsoft, Hundreds of Workers Impacted Shortly
It's not the entire wave, just part of it
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