Bonum Certa Men Certa

Patent Trolls Are Thwarted by Judges, But Patent Lawyers View Them as a 'Business' Opportunity

Law firms in various states hope that the demise of the Eastern District of Texas will mean more lawsuits where they are

USA map



Summary: Patent lawyers are salivating over the idea that trolls may be coming to their state/s; owing to courts and the Patent Trial and Appeal Board (PTAB) other trolls' software patents get invalidated

AS NOTED in the last post, patents granted by the USPTO are often passed to trolls sooner or later. The trolls would like to think of themselves as "monetisers", but all they really do is tax the economy. That does not help innovation or creativity; it merely crushes both. TC Heartland, a Supreme Court decision from about 9 months ago, continues to worry firms that profit from patent trolls and aggressors. One of them, writing in lawyers' media, expressed a common lawyers' concern that patent litigation is declining (true story), then expressing optimism about trolls coming 'home' to Georgia:

Is patent litigation coming home to Georgia? Last year the U.S. Supreme Court holding in TC Heartland v. Kraft Foods Grp. Brands significantly affected the law of venue jurisdiction under 28 U.S.C. €§ 1400(b) for patent infringement cases. One result was to shift new patent complaint filings away from federal district courts that had been perceived to be plaintiff-friendly, such as the Eastern District of Texas, as I recently wrote in the Daily Report. TC Heartland only clarified one of the tests for patent venue in €§ 1400(b), holding that the provision “where the defendant resides” is limited to only the district where the defendant is incorporated.

[...]

The year 2018 will likely bring resolution to some of these issues – and more patent litigation to Georgia. I believe we can expect at least one, but perhaps two precedential Federal Circuit decisions further clarifying “where” a defendant committed an act of infringement, with one or both relating to software method and pharmaceutical patent infringement.


Watch their glee. They want lots and lots of lawsuits. That's business to them. Never mind if the Eastern District of Texas was a cautionary tale and the Eastern District of Texas became synonymous with trolls, discouraging technical investment in the area (companies might think twice before opening a branch near there).

Georgia has some decent academic institutions (one very famous university, especially for its technical achievements), so we hope that Georgians will confront these legal opportunists.

Not too long ago in California Cloudflare spent a lot of time and money battling a patent troll. It took almost a year to win the case. SoylentNews mentioned that, as did TechDirt, writing about it with some background:

Last year, we wrote about how a relatively new patent trolling operation had pretty clearly picked the wrong target in suing internet infrastructure provider Cloudflare with a sketchy patent (US Patent 6,453,335 on "providing an internet third party data channel.") Cloudflare decided not only to fight the case, but to fight all of Blackbird's patents, crowdsourcing and funding searches into prior art on any patent held by Blackbird Technologies, and arguing that the company was engaging in questionable legal practices -- acting both as a patent holding company and a law firm, while sometimes pretending not to be a law firm (despite employing mostly lawyers) to avoid some serious ethics questions.


We certainly hope that ۤ 101 will carry on finishing off patent trolls. This was one such case. Ars Technica, which now lacks its main patent trolls expert (he moved to the EFF this month) wrote about it also. To quote:

A federal judge in San Francisco has unequivocally ruled against a non-practicing entity that had sued Cloudflare for patent infringement. The judicial order effectively ends the case that Blackbird—which Cloudflare had dubbed a "patent troll"—had brought against the well-known security firm and content delivery network.

"Abstract ideas are not patentable," US District Judge Vincent Chhabria wrote in a Monday order.


Abstract ideas are a subject we'll revisit this weekend.

Another patent troll which got mentioned the other day is Motivational Health Messaging. Unified Patents wrote about the status of the patent in question. The EFF's role has been mentioned too:

Unified is pleased to announce the PATROLL crowdsourcing contest winners, Rohit Sood and Devarajan Govindaswamy, who split a cash prize of $2000 for their prior art submissions for U.S. Patent 9,069,648. The EFF previously named the '648 patent as a 'Stupid Patent of the Month' noting that numerous small companies have been threatened with infringement allegations by Motivational Health Messaging, LLC (an NPE). To help the industry fight stupid patents, we have published the winning prior art below.


Another troll, Wordlogic, was mentioned by Unified Patents on the same day (lovers' day). To quote:

On February 14, 2018, the Patent Trial and Appeal Board (PTAB) instituted trial on all challenged claims in an IPR filed by Unified against U.S. Patent 7,681,124 owned and asserted by Wordlogic Corporation, an NPE. The '124 patent, directed to a user interface for predicting and presenting text completion candidates in response to a user’s partial text entry, has been asserted in multiple district court cases against such companies as Fleksy, Touchtype, Chicago Logic.


PTAB is great and we have plenty to write about it this weekend.

Recent Techrights' Posts

Windows Has Fallen to All-Time Lows in Switzerland Since GNU Celebrated 40th Anniversary (GNU’s 40th Birthday in Biel, Switzerland)
GNU/Linux has been doing well in Switzerland
One Person's Take on Jef Spaleta, the New Fedora Project Leader
"With a little searching, I wonder what else may be found regarding Microsoft."
LLM Slop Has Virtually Killed unixmen.com and Many Other Sites
There's no longer any incentive to write real articles in there
 
In Some Countries, Laptops and Desktops Become a Dying Breed (Even Before Tariffs), Windows Has Nowhere to Go
expect more GNU/Linux on new and existing laptops
When the Credibility or 'Quality' of Clients Ceases to Matter, It's About Helping Rich Companies Like Microsoft Censor Critics (No Matter the Risks)
Bad ideas typically result in undesirable outcomes
UAE: GNU/Linux and Android at Record Levels, Windows at New Lows and Falling Below Apple
Even iOS is measured as bigger than Windows this month
Links 07/04/2025: Reddit Occupied (Social Control Media Controlled by Oligarchy), Demise of Globalisation Ongoing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 06, 2025
IRC logs for Sunday, April 06, 2025
Links 07/04/2025: Leaving Gemini/smolweb and Mastodon Migrations
Links for the day
In Iraq, Windows 3.1 (Percent)
There's also zero
Links 06/04/2025: Flood, Cool Gemini Capsule, and Long Form
Links for the day
Links 06/04/2025: Science, Politics, and Pricier Goods
Links for the day
Sharp Declines for Microsoft Windows in Bangladesh (Pop. ~175,000,000), Big Gains for GNU/Linux
Microsoft Windows has been having a really hard time in poor countries
Links 06/04/2025: Fake Reviews, Privatisation Heists, and "AI" as Smokescreen for Impoverishing Humans
Links for the day
Taking a Moral Stand Against Strategic Lawsuits Against Public Participation (SLAPPs) and the Worst Offenders/Facilitators
Any other stance would sidle with moral depravity or moral hazard
Links 06/04/2025: Many New Acts of Repression and Elements of Financial Depression
Links for the day
In Qatar GNU/Linux Rose From Under 1% to Over 4% in Two Years (or Over 5% If Counting ChromeOS)
It's a big improvement compared to what we saw last year
LLM Scrapers Are a Nuisance, But They're Also a Reminder It's Time to Make Your Site Static
Perhaps the best protection is the ability to endure surges
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 05, 2025
IRC logs for Saturday, April 05, 2025
Links 06/04/2025: Attacks on Education, Fake Patents, and Fake (Illegal) Patent Courts
Links for the day
France: Apple and Microsoft Down, GNU/Linux Up to New Record Levels
How will tariffs against France impact things in the coming months?
Open Source Initiative (OSI) Privacy Fiasco in Detail: What Was Reported to the California Privacy Protection Agency (CPPA)
We hope to finish this whole lot within a week, then move on to election, lobbying etc.
Links 05/04/2025: Tariffs Backfiring, YouTuber Arrested, X/Twitter Set to be Fined
Links for the day
Gemini Links 05/04/2025: Offline is For Everyone, Copyright Colonialism, and More
Links for the day
Links 05/04/2025: TikTok Unsold (Still), Royal Society is Dead
Links for the day
Techrights Will Spend the Next Few Years Writing a Lot About Strategic Lawsuits Against Public Participation (SLAPPs)
It's a growing problem
The State of EPO Staff's Health in Rijswijk or The Hague
We're going to cover the EPO some more later in the month
NVIDIA Corp Lost 36% of Its "Value" Since Cheeto Inauguration, But "Gen Hey Hi" (GenAI) is Totally Not a Bubble
Selling loads of unneeded hardware based on hysterical hype; like selling shovels during a Gold Rush
GNU/Linux Growing in East Asia, Windows by Default No More?
GNU/Linux is now on the shelf
Slopwatch: Anti-Linux 'Articles' From Linux-Hostile LLMs
It is almost always negative things and nobody can be held responsible for it except the charlatans prompting the LLMs
Links 05/04/2025: Fentanylware (TikTok) "Sale Looks Highly Imminent" (US), Stock Market Drowning in Panic
Links for the day
Gemini Links 05/04/2025: Moving Plants, No to Smartwatches, RAID Hygiene
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 04, 2025
IRC logs for Friday, April 04, 2025