Bonum Certa Men Certa

Patent Trolls 'Business' After TC Heartland: It's Very Tough!

TC Heartland v. Kraft
Reference: TC Heartland v Kraft



Summary: The latest activities inside and outside the courts show that TC Heartland became a considerable barrier to trolling and aggressive tactics of trolls have shifted to (or been aimed at) their critics

THE USPTO's evolving attitude towards software patents (post-Alice) is noteworthy. Section 101 is making a real difference. After TC Heartland (covered here many times before, e.g. [1, 2]) companies try to find 'artistic' ways to push patent litigation to crooked court districts. They often rely on software patents granted before Alice; that's where PTAB comes handy.



The other day we saw this docket report about an attempt to bypass TC Heartland and shift lawsuit venue based on the location of a rented server (many servers are located in Texas for various business reasons). To quote:

The court granted defendant's alternative motion to transfer for improper venue because a rented server did not qualify as defendant's regular and established place of business.


This won't work. TC Heartland was quite clear about this. When companies (or trolls) rely on outdated and low-quality software patents it's not surprising that they try moving litigation to Texas. For instance, this new press release says that some company "expanded its core merchant processing services to include enterprise-grade, patent-protected software and intellectual property..."

Well, "patent-protected software" means not much after Alice; copyrights do, but not patents...

It seems as though their only hope now is judges like Gilstrap, who famously disregards the Supreme Court, not just on Alice but also TC Heartland.

People recall (citing this outline) how Michelle Lee got bullied out of her job by the patent microcosm and the patent trolls' lobby, adding the reference to TC Heartland and alluding to trolls as "NPEs" while mentioning China. To quote: "2017 has been a year of headlines. From Michelle Lee stepping down as the Director of USPTO to the law changing decision in TC Heartland. From NPEs divesting their interests in diverse business models to China’s relatively new IP Priorities, and lot more"

Well, "China’s relatively new IP Priorities" are a recipe for patent trolling. In China, as it turns out, it's now Shenzhen (as well as Beijing and Shanghai) that facilitates the litigation 'business' (patent trolls). As Chinese media put it the other day:

Southern Chinese city of Shenzhen Tuesday set up a financial court and an intellectual property (IP) court.

[...]

In 2016, courts in Shenzhen adjudicated on 14,887 IP cases of first instance, or one 10th of the nation's total. In the first eleven months, Shenzhen courts handled 23,639 financial dispute cases of first instance, twice the number in the same period last year.


Maybe they just wish to become the next Texas. Good luck with that. It's self-harming.

In the US, by contrast, trolls are a dying breed. William Bozeman, for example, was mentioned by the Conservative media the other day. It's in relation to his patent battle against the Federal Reserve System, which paints Bozeman as nothing but a troll. Here are some portions from the Washington Times:

William Bozeman, an independent inventor with a colorful history, says he used to have a good relationship with the Federal Reserve System and even helped improve its fraud detection efforts.

[...]

The Fed described Mr. Bozeman as an opportunist, trying to demand money for technology he didn’t invent.

Mr. Bozeman said he is being bullied by the secretive central bank and that the Fed is trying to run up his legal bills by filing all the complaints in an effort to make him go away.


If he never implemented this thing on his own, then it makes him an opportunist. There are various companies out there, especially in Texas area, which do nothing but litigation. They aren't doing well. Dominion Harbor is a patent troll which felt so hurt by the Electronic Frontier Foundation (EFF) that earlier this year it ran an anti-EFF series (not just a single article). Nowadays it promotes other parasites and says: "We're not running out of good ideas. We just need to get better at implementing them..."

Dominion Harbor never implemented anything whatsoever, so this statement is laughable. Patent trolls feel the pinch and publicly attack the Electronic Frontier Foundation (EFF) as well as yours truly (they did a whole podcast about me, in which they lied endlessly about me). But don't worry about the EFF; they're doing just fine. They've just done an annual roundup of their activity and wrote:

This year was once again active in terms of patent law and policy. Throughout it all, EFF worked to protect end user and innovator rights. We pushed for a rule that would end the Eastern District of Texas’ unwarranted dominance as a forum for patent litigation. We also defended processes at the Patent Office that give it the opportunity to correct mistakes (many, many mistakes) made in issuing patents. And we fought to prevent new patent owner tactics that would increase consumer costs.


We are very supportive of the work the EFF does on the patent front these days. We habitually see "Electronic Frontier Foundation" in publications like VentureBeat and TechDirt (reposted again some days ago [1, 2]) and the public sentiment too is changing. If it carries on like this, not only will the Supreme Court acknowledge that patent trolls are a problem (some Justices already call them "trolls") but will also weed them out in future rulings.

As a closing word, I'd like to disclose that I received a nasty letter from a highly notorious patent troll. I might publish it some time in the near future. As Ray Niro has already demonstrated, heavy-duty trolls have no qualm about attacking their critics, even if these critics are bloggers. They drag the critics to court. The EFF has been sued quite a few times by now for merely criticising particular patents.

Recent Techrights' Posts

Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
 
Running Techrights is Fun, Rewarding, and Gratifying
In Geminispace we are already quite dominant
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day
Still Condoning Child Labour and Exploiting Unpaid Children Developers as PR Props (to Raise Monopoly Money)
These people lack morals. So they project.
"Security, AI or Quantum" on "the IBM Titanic"
Who's RMS?
Hours Ago The Register MS Published Microsoft Windows SPAM "Sponsored by Intel." The Fake 'Article' Says "AI" 34 Times.
The Register MS isn't a serious online newspaper
EPO People Power - Part XXXV - Where Else Will Corruption and Substance Abuse be Tolerated?
We need to raise standards
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same
Links 13/01/2026: Russia Weaponises Weather Against Civilians, Beijing-Controlled HK Attacks Legal Team of Besieged Critics
Links for the day
Gemini Links 13/01/2026: Loss of Desire to Produce, Individual Consumption
Links for the day
Shobhit Varshney From IBM Pushing Slop at Large Bank, Another McDonald's Waiting to Happen?
How long can they get away with phony narratives like "replaced by AI"?
Links 13/01/2026: Ubisoft Layoffs, "India IT In Shambles", and Microsoft Chatbot Killing People
Links for the day
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day