Bonum Certa Men Certa

Patent Trolls Based in East Texas Are Affected Very Critically by TC Heartland

Of relevance and recent: US Patent Trolls Are Leaving and the Eastern District of Texas Sees Patent Cases Falling by More Than Half

Argument analysis: Justices hear horror stories about venue for patent litigation
Reference: Argument analysis: Justices hear horror stories about venue for patent litigation



Summary: The latest situation in Texas (United States District Court for the Eastern District of Texas in particular), which according to new analyses is the target of legal scrutiny for the 'loopholes' it provided to patent trolls in search of easy legal battles

According to Lex Machina, which is an invaluable service as we said yesterday, there may be a massive patent troll in the making. Several days ago the patent trolls' lobby said that Alan Loudermilk is behind the entity named 511 Technologies, based in Marshall, Texas (where many of the trolls reside). It's not actually a company, even if it has the word "Technologies" in its name (we recently wrote about other trolls that do this). Loudermilk, who founded this troll, has since then created what looks like another troll, Ginocchio Properties LLC, based in the same place. Will TC Heartland help squash these? We certainly hope so, but in the meantime, we have this to worry about:



Among the segments Maxell no longer operates in is magnetic tape cartridges. Once one of the most recognisable products under the Maxell brand, the company shuttered the division in 2014. That decision left only Fujifilm and Sony competing in the market, and according to USPTO assignments records from September, it is the former company that has benefitted patent-wise from its erstwhile rival's withdrawal. Maxell transferred 53 US patents related to magnetic tapes to Fujifilm in two separate assignments on 1st September. Notably, Fujifilm is locked in a litigation fight with Sony over that same technology. As this blog detailed last week, the two sides are currently contesting an ITC investigation that could have huge implications for the availability of SEP injunctions in that venue going forward.

[...]

Loudermilk’s most recent venture is 511 Technologies, Inc, which filed 11 patent suits over the past two years against companies including Huawei, Qualcomm and Microsoft, all of which have resulted in either a voluntary or stipulated dismissal, according to Lex Machina. Previously, he was CEO of Solid State Storage Solutions, Inc, which acquired a portfolio of patents from Japan’s Renesas and asserted them against eight companies in 2011 and 2012 before transferring a portion of them to Acacia two years ago.


We wrote a lot about Acacia over the years. It is connected to Microsoft and it has repeatedly attacked GNU/Linux, which makes this troll particularly interesting to us. Another firm of interest is Rovi, which is connected to another Microsoft patent troll, Intellectual Ventures. According to news from four days ago, the ITC was called to potentially ban products. "Rovi asked the ITC to investigate the importation of certain digital video receivers and hardware and software components that use the inventions claimed in its patents," said the report. "Both complaints were filed by Rovi right before it agreed to acquire TiVo..."

Going back to Texas, there are serious and perfectly relevant questions about its fate (and the fate of patent trolls that are based/stationed there, at least on paper). "Texas law of unfair competition by misappropriation improperly extends to offer patent and copyright protections," Patently-O said a few days ago. This could get serious because it deviates from the national law:

On the patent side, the court cited to Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 489 U.S. 141 (1989) statements that state laws that offer “substantially similar” protections are preempted by federal patent law and thus not enforceable.

As with copyright law, the appellate panel here suggested that torts that require “deceit” or “improper means” will be acceptable, but laws that focus simply on protecting the investment in product development and marketing will be preempted.


Of even greater interest, however, is TC Heartland, which is only months old and has already caused a collapse in litigation at Texas. The US will certainly be tougher on patent trolls after TC Heartland got told off at the highest level. This positive development (which is good for US technology companies) was mentioned by Dennis Crouch a few days ago when he said:

Regardless of this technicality, the rule appears now that district courts should be considering and granting improper venue decisions moving forward.


"Federal Circuit says TC Heartland changed the law," heralded another site of patent maximalists. The USPTO refuses to tackle patent trolls (no financial incentive to do so), but judges certainly will take on the issue and it's pleasing to see. Quoting Managing IP:

The Federal Circuit has granted Micron’s mandamus petition stating: “We conclude that TC Heartland changed the controlling law in the relevant sense: at the time of the initial motion to dismiss, before the Court decided TC Heartland, the venue defense … based on TC Heartland’s interpretation of the venue statute was not ‘available’”


Obviously it's all known and visible to patent trolls, who prefer to maintain a low profile and extort/blackmail companies behind the scenes (avoiding challenge from judges like the above). Whether trolls get eradicated by a series of rulings depends on Congressional action (or inaction) too. That's where lobbying comes into play. We'll deal with that in our next post.

Recent Techrights' Posts

A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting Several Webhosts (in Collaboration and Conjunction With Mentally-Ill Flunkies)
Every attempt to nuke the current hosting failed, but it's still worth noting
Google: We Don't Have Source Diversity, But We Have Chatbot Spew in Place of Sources (and It's Not Even Accurate)
Search engines and news search never looked this bad...
[Meme] Security is Not a Failure to Boot (or Illusion of Security Due to 'Unknown' System)
Red Hat is largely responsible for this mess
What is Secure Boot?
Security means the user feels safe and secure - i.e. confident that the machine would continue to work following a reboot or a system upgrade (or kernel upgrade)
Links 27/05/2024: Chatbots Generate Hateful Output, TPM Performance Scrutinised
Links for the day
David Heinemeier Hansson (DHH) Realises What He Should Have Decades Ago
seeing that DHH is moving away from Apple is kind of a big deal
 
Delayed Series About Dr. Richard Stallman
A lot of the attacks on him boil down to petty things
[Meme] Elephant in the Asian Room
With ChromeOS included GNU/Linux is at 6% across Asia
GNU/Linux in Bangladesh Up From 0.5% to Over 4% (Windows Slid From 95% to 18%)
Bangladesh is one of the world's most densely-populated countries
Links 27/05/2024: One Month Left for ICQ, More Openwashing Highlighted
Links for the day
Gemini Links 27/05/2024: Back to GNU/Linux, Librem 5 Assessed
Links for the day
StatCounter (or statCounter) Has Mostly Recovered From a Day's Downtime (Malfunction)
Some of the material we've published based on the statCounter datasets truly annoys Microsofters
StatCounter (or statCounter) Has Been Broken for Nearly 24 Hours. Who Benefits? Microsoft.
StatCounter is broken right now and has been broken for nearly 24 hours already
Reinvigorating the Voice of GNU/Linux Users (Not Companies Whose Chiefs Don't Even Use GNU/Linux!)
Scott Ruecker has just announced his return
"Tech" in the Context of Even Bigger Issues
"Tech" (or technology) activism is important; but there's a bigger picture
A Decade of In-Depth Coverage of Corruption at the European Patent Office (EPO)
The world needs transparency and sunlight
Hopefully Not Sunset for StatCounter
We hope that StatCounter will be back soon.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 26, 2024
IRC logs for Sunday, May 26, 2024
Links 27/05/2024: Self-Publishing, Patent Monopolies, and Armed Conflicts
Links for the day
Gemini Links 27/05/2024: Tethering Connection and PFAs
Links for the day
Imagine Canada Enabling Rapists to Harass Their (Rape) Victims
This analogy is applicable because abusers are empowered against the abused
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting My Old "Tweets"
This was basically an act of vandalism no better and no worse than UEFI restricted boot
Links 26/05/2024: Google 'Search' Morphing Into Disinformation Factory, Discussion of Maze of the Prison Industrial Complex
Links for the day
In the Pacific (Mostly Islands Around Oceania) GNU/Linux Grew a Lot
Microsoft cannot compete fairly
A Toast to Tux Machines
Food ready for the party, no photos yet...
IBM/Red Hat Failing to Meet Its WARN Obligations in NC (STATE OF NORTH CAROLINA), or Perhaps It's Constantly Delaying the Layoffs
IBM isn't named even once
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 25, 2024
IRC logs for Saturday, May 25, 2024
GNU/Linux in Greenland
The sharp increases for GNU/Linux started last summer
The Sheer Absurdity of the EPO's Career System Explained by EPO Staff
"Staff representation has previously pointed this out to management, and the career system has been the reason for several industrial actions and litigation cases initiated by SUEPO."
[Meme] Productivity Champ Nellie Simon: It Takes Me 3+ Weeks to Write 6 Paragraphs
Congrats to Nellie Simon!
It Took EPO Management 3+ Weeks to Respond to a Letter About an Urgent Problem (Defunding of EPO Staff)
The funny thing about it is that Nellie Simon expects examiners to work day and night (which is illegal) while she herself takes 3+ weeks to write a 1-page letter
Staff Union of the EPO (SUEPO) in The Hague Taking Action to Rectify Cuts to Families of Workers
they "are active in challenging this measure via the legal system"
Links 25/05/2024: Microsoft Adds More DRM (Screenshot Blocking), Another Microsoft Outage Takes Down Everything
Links for the day
Gemini Links 25/05/2024: "Bill Smugs" and OpenBSD Mirror Over Tor / I2P
Links for the day
Microsoft #1 in Gaming Layoffs, Laid Off Workers Receive Another Insult From Microsoft
Many of them never chose to work for Microsoft
In New Caledonia Windows is Now Below 30% (It Used to be Over 90%)
Microsoft's Windows absolutely collapsing and the measures are relatively stable
Forget About India's and Pakistan's Nuclear Weapons and Armament Race, They Need to Abscond Windows and Microsoft (Security Swiss Cheese)
Both countries would be wise to remove Windows as soon as possible, irrespective of the local party politics
statCounter: GNU/Linux Rose From 0.2% to Over 3% in Pakistan
GNU/Linux "proper" (i.e. not ChromeOS) has the lion's share
Red tape: farmer concerns eerily similar to Debian suicide cluster deaths
Reprinted with permission from Daniel Pocock
Galway street artists support social media concerns
Reprinted with permission from Daniel Pocock
Links 25/05/2024: Section 230 and Right of Publicity Violations by Microsoft (Which Attacks Performance Artists)
Links for the day
[Meme] No Microsoft
For fun!
Microsoft Windows Falls to New Lows in Poland
It may mean people delete Windows from relatively new PC
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: An Introduction
The campaign of coercion (or worse) started in 2021
The "D" in Debian Stands for Dictatorship That Extends to Censorship at DNS Level
Of course the registrar, which charged for domains until 2025, just went along with it
Cybersecurity and Infrastructure Security Agency (CISA) Getting Stacked by Microsoft
it lets Microsoft write policies
The Parasitic Nature of Microsoft Contracts
Stop feeding the beast
Gemini Links 25/05/2024: Emacs Windows 2000 Screenshots and Little Languages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 24, 2024
IRC logs for Friday, May 24, 2024