Bonum Certa Men Certa

Death of Software Patents Almost Everywhere Except the Eastern District of Texas

United States District Court for the Eastern District of TexasSummary: The Eastern District of Texas is being defended by overzealous supporters of software patents as the US continues to slash software patents, citing Alice/Section 101

THE USPTO is belatedly (well overdue) working on patent quality and enraging the patent microcosm. As one patent attorney put it the other day, "I'm looking for a link to the MA Dist. Ct decision invalidating patents w/101/Mayo. It is outrageous."



"Reform or no reform, Congress or no Congress, the courts are doing their job and after the Supreme Court ruled on Alice and Mayo so much has changed for the better."What makes him say "outrageous" is probably a good thing. It's just not good for his job, that's all. His job is more secure if patents are easier to get, i.e. if patent quality declines even further. Looking at some of the latest gossip from IAM, they recall the nearly defunct patent reform in the US (never seriously revisited after last year's summer vacation) and say: "Ever since the summer of 2015 when the possibility of a vote on the Innovation Act was killed in the House of Representatives, patent reform has remained firmly on the back burner in the US Congress. There has been some discussion around the prospects of venue reform with one bill introduced in the Senate aimed at stopping the kind of forum shopping which means that the vast majority of patent cases are heard in Eastern Texas, but that hasn’t gone anywhere as yet. And with the election just around the corner, most don’t expect anything to happen before the next Congress gathers early next year."

Reform or no reform, Congress or no Congress, the courts are doing their job and after the Supreme Court ruled on Alice and Mayo so much has changed for the better. Even CAFC, the evil 'genius' that came up with software patents several decades ago, is now swatting them like flies (this court is where software patents simply come to die).

"What's interesting in Hospira v Cubist is the mass invalidation of patents (three in one fell swoop)."Suffice to say, we are not against patents in general. In fact, we tend to only focus on software patents, as we always have done. This new trial in the case of Pure Storage [1, 2, 3, 4, 5], for example, isn't worth entertaining here, except for reasons that are separate from patent scope (for example, the claim of damages and $14M verdict, which is probably far too much). For a more relevant example see the case against Cubist. It was covered by IP Kat and cited by us a few days ago. Now there is this followup that says: "The IPKat posted a report earlier this week of the case Hospira v Cubist, in which three patents belonging to Cubist were revoked by Mr Justice Carr. A kind reader commented expressing the opinion that the reasons for finding the third patent invalid seemed a little thin. This aspect of the judgment is actually very interesting and was rather glossed over in the earlier post, and so this Kat would like to revisit the topic to look at this one aspect in a little more detail."

What's interesting in Hospira v Cubist is the mass invalidation of patents (three in one fell swoop). Is the era of excessive patent litigation in the US over? Is it being reduced to sane levels? Whatever it is, we are increasingly optimistic about the US patent system (unlike the EPO where things keep getting worse).

"As we noted earlier tonight, at long last the USPTO seriously considers Section 101."The patent law firms just can’t help trying to resurrect software patents which are effectively dead. It's fun for us to watch. Last week's article, "Roadmap to Software Patent Eligibility" by Joe Bird of Bradley Arant Boult Cummings LLP, was basically more of the same. The patent law firms are grouping and scratching their collective heads in an effort to work around Alice. Not even corruption of the former Director of the USPTO (official-turned-lobbyist) has helped them undermine Alice.

As we noted earlier tonight, at long last the USPTO seriously considers Section 101. The USPTO's examiners once again failed to deny a software patent (here is an article about this MacroPoint patent), but that does not mean that US courts will tolerate it. A paper with a stamp on it is not a court order or decree. There are famous trolls in this domain of MacroPoint and if it attempts to actually sue some firm/s we can expect them to risk losing this patent.

"It's quite likely that all these software patents are next to worthless now."Speaking of trolls, watch how patent trolls like Intellectual Ventures get mentioned in this Adapt IP tripe. To quote from Yahoo! Finance: "Family Systems has also built many of the patented features into its' Verbol Voice software prototype that include sophisticated features complimentary to leading services such as WhatsApp." They're talking about software patents and say that "[t]his patent portfolio has been cited by companies including Google, Intellectual Ventures, IBM, Chacha Search, RedHat, Microsoft, Xerox, Oracle, HP and SnapChat."

Cited in what context? And many of the above are proponents of software patents if not patent trolls (IBM and Microsoft sure act like it now). When were these patents cited? Before or after the Alice effect? It's quite likely that all these software patents are next to worthless now. They're just a bunch of papers in frames (or without frames).

"Bear in mind that's a Eastern District of Texas (EDTX) 'court', which is notoriously corruptible (the district even advertises its plaintiff-friendly biases)."Speaking of the Alice case and trolls, how about the "post-Halo" world, as MIP put it just before the weekend? We covered the Halo case earlier this year (basically, US patent courts gave a gift to patent trolls) and because of it "[a] jury award to Imperium IP of $6.9 million has been trebled to $20.9 million by an Eastern District of Texas judge [....] In the first case in which enhanced damages were on the table in the Eastern District of Texas since the Supreme Court handed down its decision in Halo v Stryker, Judge Mazzant ruled that Samsung owes plaintiff Imperium IP Holdings treble damages."

Bear in mind that's a Eastern District of Texas (EDTX) 'court', which is notoriously corruptible (the district even advertises its plaintiff-friendly biases). Watchtroll (IP Watchdog), publishing through Steve Brachmann, a "freelancer [writer] for more than seven years," is belittling the problem with the rocket docket of patent trolls in Texas (EDTX). Here he is presenting misleading figures to make it seem like there's no problem with Texas. To quote: "This isn’t the only judicial vacancy which Capitol Hill has been unable to fill in recent days, however. As of Tuesday, August 30th, statistics published online by U.S. Courts indicated that there are 93 total federal judicial vacancies affecting the U.S. system of courts. This includes 32 vacancies which are considered to be judicial emergencies. A judicial vacancy at a district court is considered an emergency when weighted filings are in excess of 600 per judgeship, or the vacancy exists for more than 18 months where weighted filings range from 430 to 600 per judgeship, or the vacancy is at any court with more than one authorized judgeship but only one active judge. U.S. district courts have a total of 72 vacancies, 28 of which are judicial emergencies."

"But Watchtroll -- being the biased site that it is -- is selling/delivering an agenda again."Anybody with half a clue would be able to tell that this is selective use (or cherry-picking) of statistics. We previously showed some statistics about the great role of EDTX in the patent trolling epidemic. But Watchtroll -- being the biased site that it is -- is selling/delivering an agenda again. We previously mentioned the demise of patent law firms (see NASDAQ's "Another Intellectual-Property-Law Firm to Close"), with important press coverage soon to be affected by spin/press releases (looking like reputation laundering or distraction from the real news [1, 2, 3, 4, 5]) and certainly they realise that their last remaining haven might be EDTX with its crooked 'court' system (barracks of the trolls).

Recent Techrights' Posts

Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
 
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day
Slop About "linux" in Google News
Once people recognise that those sites are fake it's hard to 'unsee' what they are
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part V - Attempts to Take Down and Suppress Criticism of Back Doors Controlled by Microsoft and the American Government
The cost of maintaining illusions
Slides From the European Patent Office (EPO) Explain Why They're Striking, How They're Striking, and What Comes Next
A week from now the strike will go ahead
GAFAM Datacentres Are Facilities of War, So Risk of Downtime by Missiles or State-Sponsored Cracking Has Vastly Increased
How safe is your business in "clown computing" or DCs marked as some "legitimate targets" at wartime?
Companies That Take Away Blood and Sweat From the Community to Sell a Ponzi Scheme to Everybody
We need Free software that is run by communities
1,234 People Gather Online to Plan Next EPO Strikes and Other Industrial Actions
yesterday an online gathering orchestrated the next moves by EPO staff
Links 11/03/2026: Fake Videos Swarm YouTube, "Ukraine Can Now Manufacture ‘China-Free’ Drones"
Links for the day
Gemini Links 11/03/2026: Lagrange for iOS and Android and "Turning a Folder of Git Repos Into Project Launcher"
Links for the day
Kafkaesque: Unlawful Activities in the UK to Cover Up Unlawful Activities in the United States of America
Why is bribery and even extortion seen is OK? Because rich people do those things?
Former IBM Executive, Ron Hovsepian, Doomed S.u.S.E. (SUSE)
SUSE is like a child nobody wants to raise
Quiet Layoffs or Silent Layoffs Alleged at Microsoft
Will some investigative journalists do their job now and ask Microsoft tough questions?
After a Long Lull LinuxTeck (linuxteck.com) Came Back Only as a Slopfarm
Unlike Linuxiac, LinuxTeck wasn't very active in recent years
Links 11/03/2026: EPO and USPTO Software Patents Thrown Out Again, Copyright Concerns Over Slop (Plagiarism Using Buzzwords)
Links for the day
Microsofters' SLAPP Censorship - Part 9 Out of 200: 5RB Barrister Does Not Even Know the Name of His Own Client (That He Was Paid Well Over $200,000 to 'Speak' or 'Cover' for)
If you assault women in the United States, there's a barrister available for you in the UK
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026
Geminispace Continues to Grow
Geminispace Will Soon Have 5,000 Capsules
Very Little Slop About "Linux"
We hope to see slop eradicated by year's end
BBC Lied for Its Longtime Sponsor (Bribes for 15+ Years) Bill Epsteingate, in Effect Covering Up Sex Trafficking of Underage Girls
The state of the media is truly awful
Microsoft GitHub is Not Free Hosting and It Won't Last
Not for much longer [...] Microsoft is afraid to say that it is pulling the plug, but it seems inevitable
Mass Layoffs at Microsoft, March 2026
When will the media properly investigate this?
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part IV - Escalating to Ministers, Explaining the Severity of These Matters
British Sovereignty at Stake
"The Lost Generation" Came Back, This Time Literally
Based on my limited experience with young people ("alphas"), they're lost
IBM is Not Likely to Survive Another Decade
Despite having already survived over a century [...] Last week we saw claims that some company would likely acquire IBM for its remaining assets
IBM Has Just Been Sued Again by Its Own Staff (This Time a Manager, Stephen P. Gutierrez)
IBM's behaviour towards its staff can prove costly
When a Company Says Its Layoffs are "Due to AI" Check the Debt (Typically the Real Reason for Mass Layoffs)
The mass layoffs at Microsoft continue, but Microsoft hides those in some of the same ways IBM does
Doing More With Less
primacy of concepts rather than bells and whistles
Andy and Helen in Cybershow on Divesting From the United States' Technology and Politics
It is no longer considered a taboo to say this and it's not "anti-American" because many Americans can relate to and agree with such criticism
Links 10/03/2026: "GEMA v. Suno Copyright Case" and "Valve Faces PRS Lawsuit Over Allegedly Unlicensed Steam Music"
Links for the day
Gemini Links 10/03/2026: Woods in UK, Slop Laziness, and "Small Technology and Small Economic"
Links for the day
Garrett Announces LibreLocal Instance in Northampton, Massachusetts (USA)
his message was the only one last month
Microsofters' SLAPP Censorship - Part 8 Out of 200: Gross Misuse of UKGDPR to Protect the Agenda of American Back Doors (Mass Surveillance)
Responding to bunk claims regarding UKGDPR and claims of 'analytics' in our sites
Links 10/03/2026: Oil Prices Rising, South Korean/US Military Assets Redirected
Links for the day
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026