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

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day