Bonum Certa Men Certa

Anti-Patent Trolls Reform in the US Evolves Nicely and Rogue Judges Get Named, Shamed

Bob Goodlatte Reference: Bob Goodlatte, a US politician who works towards positive reform



Summary: A quick look at today's coverage regarding the battle against patent trolls in the US, as well as the patent microcosm's war on the Patent Trial and Appeal Board (PTAB)

TECHRIGHTS published many articles about the USPTO over the weekend; there is plenty more on the way. The only good news (and reason for happiness amid EPO disasters) seems to come from judgments of the courts there, especially the higher courts. The US is gradually changing for the better, having previously become one of the world's worst (China may soon inherit this title and maybe Europe, even though the UPC isn't getting anywhere).

"Expect patent parasites to butt heads with technology companies, sometimes via front groups."Managing IP, a site for patent maximalists, recently organised a PTAB event for the patent microcosm. It wrote about it today. PTAB, as we noted several times over the weekend, is an essential part of patent reform in the US. The patent maximalists attack it viciously, whereas practicing companies defend it. Expect patent parasites to butt heads with technology companies, sometimes via front groups.

Josh Landau, who works for the Computer and Communications Industry Association (CCIA), basically fronts for various large technology companies. Today (just hours ago) he published this very long article about "bad patents" and here is what's said regarding PTAB:

The existence of an IPR doesn’t eliminate the ability of a patent owner to request one of these proceedings. If a request for one of these existing reexamination avenues comes in while an IPR is pending, then the PTO “may determine the manner in which the inter partes review or other proceeding or matter may proceed, including providing for stay, transfer, consolidation, or termination of any such matter or proceeding”. This authority is exactly what the PTAB uses when they combine multiple IPR petitions into a single proceeding. If a patent owner were to, for example, tell the PTAB that it would prefer to cancel its existing claims as unpatentable and proceed with reexamination on new claims, then the PTAB already has the ability to stay the IPR pending the reexamination, or even to terminate the IPR.


Thankfully, notable figures in US politics (prominent politicians in this domain) are quickly accepting that quality of patents -- not number of patents -- is what matters. They too have begun speaking about "bad patents" (such as software patents) and Managing IP -- being the front that it tends to be -- wrote this several hours ago:

US Representatives Darrell Issa and Bob Goodlatte have accused Judge Gilstrap of re-interpreting the law and the TC Heartland decision to keep as many patent cases as possible in his district. But one Eastern District of Texas lawyer told Managing IP this criticism is unfair and says Gilstrap’s recent four-factor test for determining regular and established place of business represents “outstanding judicial management”


So politicians have finally said the truth about this troll-feeding man. We mentioned him many times not because we're obsessed with him but because he's responsible for a vast number of troll "wins". Yesterday, Dennis Crouch wrote about Genband v Metaswitch, a case of a patent troll against a British company. As we noted here before [1, 2], Rodney Gilstrap presided over this case in the Eastern District of Texas and now the case is at the Federal Circuit. Here is what Crouch wrote:

In what the court is calling Apple II, Federal Circuit wrote that the irreparable harm calculus can be met when “a sufficiently strong casual nexus relates the alleged harm to the alleged infringement.” In Apple III and Apple IV, the court further developed its statement, requiring “some causal nexus between [defendant’s] infringing conduct and [patentee’s] alleged harm” and “a causal nexus linking the harm and the infringing acts” respectively. Here however Federal Circuit suggests that the District Court may have applied to stringent of a nexus requirement when it demanded proof that “the patented features drive demand for the product” before finding irreparable harm. In particular, the appellate court suggested that a patentee need not prove its features are “the driver” of demand but instead may rely upon evidence of being “a driver”. The appellate court also re-oriented the focus of inquiry toward ensuring that the allegedly irreparable injury is being caused by use of the infringing features. This is obviously tricky in a multi-component situation.


As we noted last week, Gilstrap's judgments tend to get overturned quite a lot by the Federal Circuit and this is why trolls want to go to the Eastern District of Texas. An advertisement would likely say "mistrial guaranteed" or "bring us all your trolls! We love trolls!"

"...Gilstrap's judgments tend to get overturned quite a lot by the Federal Circuit and this is why trolls want to go to the Eastern District of Texas."Meanwhile, worth noting is this blog post where IAM admits that Jack Ellis has left IAM (the fewer writers they have, the better). It turns out that a few weeks ago Apple bought some US patents from a troll. To quote, "Apple has acquired a group of 11 patents from Korean NPE Goldpeak, according to USPTO assignment records dated 29th June. The transaction, which was completed on 22nd May, involved assets originally owned by Pantech, which was once Korea’s second largest smartphone manufacturer, but filed for bankruptcy in 2014. The transaction was revealed by IAM’s former roving editor Jack Ellis, who left us a couple of months ago but is still keeping his IP eye in."

It isn't entirely clear if IAM is collapsing or something else is happening, but departures do happen and we mostly find IAM useful in tracking the behaviour of patent trolls (which IAM adores and accepts money from).

Hopefully, one day patent trolls will cease to be a problem simply because they will cease to exist. ⬆

Recent Techrights' Posts

Network Plumbing
We hope it'll help speed things up
"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
Taking a Look at the Last Articles of Bob Cringely at Forbes, They Were All About IBM and Its Collapse
It's all about IBM
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
 
Mass Layoffs at Microsoft Again (October 2026), So-Called 'AI' Units Impacted Because Slop ('AI') Has No Real Future
So much for the future of Microsoft being "hey hi" (AI)
European Readers, Please Contact Representatives (in One's Nation) Attending the Administrative Council Meeting
Normalising cocaine in in Europe's largest institutions (the people running these) is a slippery slope
For Half a Year the European Patent Office (EPO), Europe's Second-Largest Institution, Has Had Water Problems in the Toilets
And it's not being fixed
Intercontinental Brigading - Part I - The Failed Attempt to 'Swat' Our Series About the Attacks and Crimes Committed Against Us
This coincided with threats to our lives
Links 12/10/2026: Strike on Riyadh and GOP Pays Voters ("Surprise $90 Social Security Payments")
Links for the day
Microsoft's XBox CEO Spoke of a "Return to Growth" Last Week, But XBox Sales Lowest in XBox History (Quarter of a Century)
Microsoft's XBox is dying. It's a countdown to nothingness.
Links 12/10/2026: Shopify (Slop Booster) Has Security Issues, "Russia’s Yandex Says Data Center in Vladimir Shut Down After Drone Attack"
Links for the day
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%
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
Voice for the Impoverished
the country's leaders attack the country's own press
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