Bonum Certa Men Certa

With Help From the US Supreme Court (Key Cases), Patent Trolls Are Going Away

Ebbing away from the market...

Inside a bottle



Summary: The demise of patent trolls in the United States, a trend partly attributable to Alice and other Supreme Court decisions, will likely accelerate soon (later this year) as the future of the Eastern District of Texas courts is at stake

THE US Supreme Court (SCOTUS) is doing some fine job in the area of patents. We hope that Justice nominations by Trump won't ruin it all.



On December 6th the EFF's Daniel Nazer said that "Supreme Court Curb[ed] Excessive Design Patent Damages" and a week later, on December 14th, his colleague Vera Ranieri said that the "Supreme Court Agrees to Hear Case that Could End Texas’ Grip on Patent Cases". We wrote several articles about that before. This is very big news and the decision can be historic. In an IDG article by Evan Schuman it said:

For years, patent trolls have been the best evidence that pure evil exists. And like most evil entities, they are almost impossible to stop. Even a 2014 U.S. Supreme Court decision that was highly critical of patent trolls has done little to slow their slimy, reptilian-like existence. But a federal judge on Dec. 19 crafted a novel tactic to curb patent trolls when she slapped a half-million-dollar bill on the lawyers and said that they were personally responsible for paying it, not their client. This could truly be a game-changer.


This is well overdue, as it will help real companies in the US. Patent trolls contribute nothing to the economy or to competitiveness.

In past years we wrote about all sorts of patent trolls and abusers, including Garfum last year (more than once). The EFF posted an update about this serial abuser, which is politely called just a "Patent Bully":

District Court Undoes Fee Award Against Patent Bully



A district court judge has issued a disappointing ruling reversing an earlier decision to require an abusive patent litigant to pay an EFF client’s attorney’s fees. Judge Jerome Simandle of the District Court of New Jersey held that, even thought the patent was invalid, the relevant law was too uncertain to find the case exceptional and award fees.

This case began in late 2014 when Garfum.com Corporation sued a small photography website called Bytephoto.com for patent infringement. Garfum claimed to own the idea of having a ‘vote for the best’ competition, but on the Internet. The case had a lot of problems. For one thing, Garfum had filed for its patent in 2007 but Bytephoto had been running online photo competitions since 2003. Also, its absurd patent, U.S. Patent No. 8,209,618, was plainly invalid under the Supreme Court’s decision in Alice v. CLS Bank, which holds that abstract ideas do not become patent eligible simply by being implemented on a generic computer or on the Internet.


As the above update serves to reveal, Alice among other factors already contribute to the demise of some abusive activity. Suffice to say, to trolls-funded sites such as IAM 'magazine' this is terrible news to be protested rather than celebrated. Only last night, for instance, IAM was again grooming the world’s latest patent troll, Intellectual Ventures, as it did several times before.

To quote this new propagandistic masterpiece:

Two of the biggest names in the IP market have joined forces. Intellectual Ventures co-founder and former VP of patent licensing, strategy and litigation at Intel, Peter Detkin, has today become a senior adviser at Sherpa Technology Group, the strategic IP consultancy among whose managing partners is Rembrandts in the Attic author Kevin Rivette. Sherpa was previously known as 3LP Advisors.


Calling them "biggest names in the IP market" is like calling ISIS and Al-Shabaab "biggest names in the political market." Then again, when you speak for the patent microcosm -- much like the media industry that speaks for the military-industrial complex -- war-makers are framed as heroes and champions.

Recent Techrights' Posts

Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
 
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day
No Daylight Saved
Is there still any practical reason for this ritual?
Microsoft Azure Does Not Have "Hiring Freezes", It Has Had Mass Layoffs Every Year Since 2020
Things are always a lot worse than Microsoft formally or publicly acknowledges
SLAPP Censorship - Part 27 Out of 200: Using the Tor Network to Hide From Consequences
Only 1-2 weeks after the countersuit the Canadian attempted to deplatform several Web sites
The Limits of Inclusion
Inclusion with caution isn't "opinionated"; it's a defence mechanism, sometimes a survival instinct
Almost 20 Years After Microsoft/Novell
The mission has not changed, but the priorities evolve all the time
LLM Slop Kills Sites, as Sites That Adopt Slop Are Doomed
People won't subscribe to such sites and visit them if they recognise it's just slop
Links 29/03/2026: Indonesia Cracks Down on Social Control Media Addiction, China Becomes World’s Scientific Superpower
Links for the day
Fedora at the Mercy of Microsoft Because of Back-Doored Kick-Switch Boot
We'll soon revisit the defamation attacks on Torvalds
Links 29/03/2026: Water Shortages and No Kings Rallies
Links for the day
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
Gemini Links 29/03/2026: Return to Gopherspace, "Zen of Marking Playing Cards"
Links for the day
The Real XBox is Dead, So Microsoft is Calling Everything "XBox" Now
It even wanted to run a campaign to convince everybody that XBox is not actually a console
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 28, 2026
IRC logs for Saturday, March 28, 2026
Open Web Destroyed by Centibillionaires, Says Anil Dash of Blogging Fame
Blogging was going through its 'prime years' about 20 years ago
"Linux" Slop Going Away, Microsoft et al Pay 'Linux' Foundation to Promote Slop
It's a timely reminder that the Linux Foundation exists to promote whoever pays the Linux Foundation, even pedophiles and companies that attack the GPL
Links 28/03/2026: Microsoft's LinkedIn a National Security Risk, Microsoft's Slop "Ambitions Face Investor Scrutiny Amid Soaring Costs"
Links for the day
Gemini Links 28/03/2026: "Finding My Base Tone", "Astrobotany", and BugoutBack/OFFLFIRSOCH
Links for the day
Links 28/03/2026: More Worldwide Bans on Social Control Media (Harms to Adolescents), Protests in US Against Dictatorship
Links for the day
SLAPP Censorship - Part 26 Out of 200: Asking for Documents and Information You Already Have, Even Letters and E-mails That You Yourself Sent!
barristers are expensive
Gemini Links 28/03/2026: Echo Delay and 0x0.st
Links for the day
Rumours of More IBM Mass Layoffs at Beginning of April
IBM is not doing well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 27, 2026
IRC logs for Friday, March 27, 2026