Bonum Certa Men Certa

When British Companies Get Dragged Into Texan Courts Over Software Patents That Aren't Even Valid in Britain

US patent law matters everywhere as even Brits can be dragged into the rocket docket of patent trolls

Rodney Gilstrap



Summary: Some news from the abusive courts of the Eastern District of Texas, where patent justice is mostly an illusion because of the likes of Rodney Gilstrap (above)

Metaswitch Networks, a British company sued by patent thugs in Texas, has just won a case initiated in a Texan court, which is rare/hard. Metaswitch Networks now says that CAFC has just denied a patent injunction against it. Background was provided in our previous articles about this case.



"Federal District Court Denies Injunction Request in Genband US LLC vs Metaswitch Networks Ltd. Patent Litigation," says the headline of the press release, issued in London 3 days ago. The press/media (local or US) didn't seem to cover it, but someone sent us the press release that reads: "Cloud-native communications software leader Metaswitch today announced that the United States District Court for the Eastern District of Texas has denied Genband US LLC's motion for a permanent injunction against Metaswitch stemming from patent litigation between the two companies [Case No. 2:14-cv-33-JRG]. Genband US LLC filed the motion in February 2016. "We are pleased with the court's ruling," said Martin Lund, Metaswitch CEO, "and look forward to continuing our successful partnerships and customer engagements utilizing our broad technology portfolio and long history of technical innovation.""

Do patent courts in Texas have ethics? Remember it's them who enabled this expensive and cumbersome process for a British company (almost half a world away). These courts actively advertise themselves as being plaintiffs/trolls-friendly and this new article from Patently-O speaks of ethics opinions from Texas. To quote the key part: "The Texas ethical rules have some bearing on federal court litigation in the Fifth Circuit, although they do not control. See In re American Airlines, Inc., 972 F.2d 605 (5th Cir. 1992). Nonetheless, the Eastern District will consider the Texas rules as part of determining “national standards” of ethics in federal court. (I practiced in Texas for a long time, and am still licensed there and advise lawyers there, and this “national standards” of ethics thing can be a real trap for unwary lawyers who think they can rely on the Texas rules, alone.)"

"BlackBerry is Canadian, not Texan, so why pursue litigation down in Texas? It's very obvious why and it's a ruinous thing that makes Texas stand out as a major culprit."What we have here helps demonstrate that the VENUE Act [1, 2] is necessary and Texan courts are a big part of the problem. Right now BlackBerry says it will stop producing phones and the company has already begun suing companies using patents, choosing to file the lawsuits in Texas. BlackBerry is Canadian, not Texan, so why pursue litigation down in Texas? It's very obvious why and it's a ruinous thing that makes Texas stand out as a major culprit. This actually damages the public image of the entire state.

Remember where Newegg ended up fighting back against patents trolls? Yes, that too was Texas and it involved software patents in general. Texas does not seem to care if one is a troll, if Alice forbids abstract software patents and so on. The courts there are mostly rigged, as we demonstrated before.

Newegg's Lee Cheng recently spoke to Unpatent, an initiative we last mentioned 2 weeks ago. Here is a summary/overview of their talk:

Today we talk to Lee Cheng, the most prolific patent troll killer. He runs corporate development at Newegg where he also serves as Chief Legal Officer. We are extremely lucky of having him onboard as an Advisor to Unpatent, his experience and insights are truly invaluable.

We have a couple stories on the pipeline, but these stories are hard to find because companies are usually scared of making this public. As Lee explains, the moment you settle for the first time, you become an easy target. If you know any stories, please reach us at sadness@unpatent.co

Without further ado, you can enjoy the interview below. We also made a transcript of it in case you’d rather read it.


Rather than attempt to tackle one patent at a time, which is what Unpatent is hoping to accomplish, one should advocate for PTAB and oppose software patents. The EFF is currently trying to also limit the damage caused by courts in Texas -- the kind of nuisance which now facilitates patent bullies from Canada and impacts even companies as far away as Britain. ⬆

Recent Techrights' Posts

What is "Computer Science"? It is What Broligarchs Reject.
Nowadays some people call themselves informal terms or made-up titles (with terms like "AI" or "big data" or "data" tossed into the mix)
Brigading Against Women - Part XXVII - Americans and Public Executions
"People who work for Facebook / Xitter / Bytedance's Tiktok / Microsoft / Oracle / IBM / Apple / Uber / Lyft / Wolt / DoorDash / AirBnB / Bolt / and so on are doing some world-class projection when they have the audacity to call others Bad People(tm)"
Gemini Links 12/10/2026: Westminster Quarters, Civilization, Luddites, and More
Links for the day
Voice for the Impoverished
the country's leaders attack the country's own press
 
Microsoft Windows Causes Problems (and Delays) to LibreOffice and The Document Foundation
Nothing would please Microsoft more than Windows curtailing the development of LibreOffice and adoption of ODF
So Far This Year Microsoft Windows Lost a Lot of Ground in China, GNU/Linux Gaining at Its Expense
GNU/Linux will soon exceed 10%
"My Hands Are Shaking While Writing" About IBM's Mass Layoffs at Red Hat (Bluewashing)
Shame, shame, shame on the corporate media for not covering Red Hat's layoffs this year
Lessons of Margaret Hamilton (Software Engineer)
Stop abetting men who attack women in the sciences
RIP, Bob Cringely
He was too young to leave us, his articles were still brilliant and his mind as lucid as ever
Linus Torvalds Has a Conflict of Interest Regarding Slop
Linus Torvalds is paid by the slop pushers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 11, 2026
IRC logs for Sunday, October 11, 2026
Africa Sees GNU/Linux Exceeding 5% "Market Share"
It wasn't always like this. It used to be measured at 1 or 2 percent.
Slop-ware Is Not Newsworthy
LLMs are exceptionally loquacious and create large code bases
Links 11/10/2026: US Sides With Vladimir Putin, Convicted Felon Dubbed "Agent of a Foreign Power"
Links for the day
IRC Tracker Back in Order, Number of Known IRC Networks Continues to Increase
We don't know if our article helped trigger a resolution
Links 11/10/2026: "Execution TV" (Iran Aped by US) and ‘Digital Oblivion’ Caused by Slop Frenzy Online
Links for the day
Gemini Links 11/10/2026: Adults Dressing Up as Animals, 44th Birthday, and More
Links for the day
Running a Country's Economy by Borrowing Over $400,000,000,000 Per Month
This is the hallmark of an economy in irreversible decline
Brigading Against Women - Part XXVI - Trying to Deplatform Critics of Microsoft's Restricted Boot
Like James Bottomley, Matthew Garrett served Microsoft's agenda while employed and salaried by other companies
Anderon Is Not a Real Company, It's an IBM Bailout Dressed Up or Wrapped Up In Buzzwords
It certainly does seem like they receive money from taxpayers for nothing, or for IBM to do mass layoffs/closure at Albany under the guise of "making a new spinoff"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 10, 2026
IRC logs for Saturday, October 10, 2026
Gemini Links 10/10/2026: Radio Romania International, Avoiding GAFAM, Open Camera, and Another Palm
Links for the day
The 2026 Slop Prediction (Slopfarms Perishing)
Morality in the "digital world" has deteriorated profoundly
netsplit.de (Survey of IRC Networks and History) Only Partly Functional This Month
Get well soon, netsplit.de
Microsoft Cuts
GAFAM enshittification
NVIDIA Acts Like It Cannot Pay Salaries (Too Many Obligations, Sales in Circular Financing, or Basically Accounting Fraud)
Masters of acting as clients of themselves
Paying for elections, Reform UK illegal confession in High Court
Reprinted with permission from Daniel Pocock
Contemptuous Law Firm Accusing Others of Contempt of Court
Keeping a running tally can help
Links 10/10/2026: Let's Encrypt Making Changes (Problem for Small Sites/Operations), Quartz is Officially a Slopfarm (Busted)
Links for the day
Microsoft Abuses PERM and Lays Off Workers in India
The US government has made it easier for Microsoft to hide the mass layoffs
The GAFAM Elections in the United States
If the election is run by platforms that have back doors "baked-in" and if the communications are overseen by GAFAM, you would not have to be a "nutty MAGAt" to dispute the outcome
More GAFAM Layoffs (Late on Friday Night)
They say they are worth trillions, but they don't even make money
Male-Dominated EPO Fails to Have "Concrete Measures to Support Female Staff"
Being a female at the EPO is exceptionally hard
Brigading Against Women - Part XXV - No Anonymity for People Who Did Illegal Things
"Empathy is the sunlight to the vampire of culture."
Production Freeze at the European Patent Office (Opposing Monarchy, Institutional Maladministration and Corruption)
Eight reasons to participate
Links 10/10/2026: Microsoft 'Open' 'AI' Silencing Critics, "Data Centres are the New Front Line in the Russia-Ukraine War"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 09, 2026
IRC logs for Friday, October 09, 2026
Gemini Links 10/10/2026: Optimism, Stargazing, "Life Without Smartphone", and Fairphone 4
Links for the day