Bonum Certa Men Certa

Patents Roundup: Abject Lack of Proper Patent Justice and Updates From Microsoft's Patent Trolls and Patent Strategist

'“Other than Bill Gates, I don’t know of any high tech CEO that sits down to review the company’s IP portfolio" —Marshall Phelps



Ex-Sun chief dishes dirt on Gates, Jobs
Reference: Ex-Sun chief dishes dirt on Gates, Jobs



Summary: A rundown/roundup of some of the interesting cases and stories, which generally help highlight the wrongs in a system that ought to be improved if its real goal is justice and legitimacy rather than coercion, protectionism, and sometimes racketeering

THERE are legal cases or stories that merit a mention but not a whole article/post. There are thousands of ongoing patent lawsuits in the US (with thousands more being filed each year), hundreds of thousands patents granted by the USPTO annually, and many stories of patent extortion (outside the courts). The ratio between patent extortion (shakedown) and patent lawsuits is difficult to estimate because the former is covert; estimates, however, say that there are several times more of the former than the latter. Below we take stock of some minor posts, stories, summaries, and observations.

Word Limits



"The ratio between patent extortion (shakedown) and patent lawsuits is difficult to estimate because the former is covert; estimates, however, say that there are several times more of the former than the latter."When the patent courts get overwhelmed by piles of spurious papers (with little substance or relevance) they often feel compelled to act differently. Is this another lawyers' trick? Maybe. But according to this, there are word limits in briefs now (as some briefs as not brief anymore).

To quote:

One problem with the Court’s approach here is that it made no determination as to whether the incorporation-by-reference was problematic in this situation. In particular, Federal Rule Appellate Procedure 28(i) permits incorporation by reference in consolidated cases involving multiple appellants or appellees.


Concision matters because one side often uses disproportionate amounts of paper to 'out-pocket' the other side, in essence using financial muscle to gain legal leverage. This is wrong. Then there's the option of endlessly appealing decisions to bankrupt the other side if not put sufficient economic pressure for that side to surrender.

"Concision matters because one side often uses disproportionate amounts of paper to 'out-pocket' the other side, in essence using financial muscle to gain legal leverage."Remember that for justice to be served it must not discriminate based on finances. In practice, however, it almost always does. Money buys legal outcomes not just legislation.

Ex Parte Reexamination



Putting the non-English legalese aside (another way for lawyers to deter people from representing themselves), let's look at Parallax Group International, LLC v Incstores LLC -- a case by a company which we mentioned here 15 times before. Here's some more non-English legalese: "The court sua sponte stayed plaintiff's patent infringement action pending ex parte reexamination to conserve judicial resources."

"Remember that for justice to be served it must not discriminate based on finances."Sua sponte is just a lawyer's way of saying "on its own motion," which means that Parallax needs to wait. We previously remarked on all those nonsensical words/phrases, like inter partes review, ex parte reexamination, sua sponte and estoppel.

No, these lawyers don't speak Latin or anything, they just try to make life more complicated for clients so that they get hired again and again. Maybe some of them try to impress with pseudo-multilingual skills (which rarely exist).

PTAB



Speaking of inter partes reviews, which is just a 'fancy' way of saying petition to reassess/review a granted patent after an applicant secured the grant, Michael Loney said a few days ago that "PTAB institutes first derivation trial" and to quote:

After more than 50 petitions, the Patent Trial and Appeal Board has instituted a derivation trial for the first time, challenging a patent for a spacer frame used in insulated glass windows

The Patent Trial & Appeal Board has instituted trial to a derivation petition for the first time, in Andersen Corporation v. GED Integrated Solutions (DER2017-00007).


The rather misleading term "derivation trial" is what the Office defines here. It's worth noting that 50 petitions had been filed before action was actually taken!

Patent Trolls



Aggressors and patent trolls have gotten ever so desperate to bypass TC Heartland (last year's decision by SCOTUS) and drag patent lawsuits to trolls-friendly courts (or districts, or district courts). In Peerless Network, Inc. v Blitz Telecom Consulting, LLC et al, according to Docket Navigator, "[t]he court granted defendants' alternative motion to transfer for improper venue because defendants did not have a regular and established place of business in the district."

"Under a faithful reading of the statute," the court said, "the Court must conclude that whatever a 'place of business' is, it is not a shelf.”

"No, these lawyers don't speak Latin or anything, they just try to make life more complicated for clients so that they get hired again and again."How many more 'artistic' interpretations will be attempted so as to bypass TC Heartland? It almost never works.

Microsoft's Patent Troll



Microsoft's patent troll Finjan will "Host a Shareholder Update on April 5, 2018," it says in a new press release. That's 4 days from now. What will be discussed? Who to sue next? Will Microsoft help bankroll the litigation? Or say who to 'punish' next? Will people who pay 'protection' money to Microsoft find themselves protected from this troll?

And in related news, Forbes has given a blog to Marshall Phelps, who is responsible for Microsoft's and IBM's patent aggression strategies. Forbes also gave blogs to literal patent trolls from Dominion Harbor, which says a lot about Forbes. In his latest post Phelps says: "Everybody knows that strong patents help decide the winners and losers of business competition — which is why companies applied for roughly 600,000 of them last year (though only half that number were granted)..."

"...Forbes has given a blog to Marshall Phelps, who is responsible for Microsoft's and IBM's patent aggression strategies."The person who is responsible for patent bullying at two of the largest and most aggressive 'patent companies' says it "help[s] decide the winners and losers of business competition," so maybe he should also join a large military contractor and explain how dropping lots of bombs "help[s] decide the winners and losers" of wars... since he evidently lacks any sense of morality.

$235 Million Verdict



The latest reminder that actually reading patents, i.e. making an infringement willful, can be very extremely expensive? Here it is:

Following a jury verdict of willful induced infringement of plaintiffs' congestive heart failure treatment patent and damages of $235 million, the court granted defendant's renewed motion for judgment of noninfringement as a matter of law because substantial evidence did not support the jury's finding that defendant induced doctors to infringe


Large firms such as Microsoft openly say that they intentionally ignore patents of other companies for this reason. Does that not defeat the whole purpose of a patent system then? The whole basis or premise of this system was that it would help disseminate if not preserve human knowledge.

Somaltus LLC v The Noco Company, Inc



As always, whenever there's patent mess only lawyers will profit. They're guaranteed to win financially (even if they lose a case). It's therefore in their best interest to make things messy and keep them that way. "Following plaintiff's voluntary dismissal," shows this new example, "the court denied defendant's motion for attorney fees under 35 U.S.C. €§ 285 because plaintiff's litigation positions were not unreasonable."

"As always, whenever there's patent mess only lawyers will profit."Whoever pays the fees, that won't matter to the lawyers. It only matters to the companies they represent (at both ends). Maybe that can help more companies rethink the role of the status quo and whether it suits them or not. If not, maybe they should support reformist actions from the EFF, CCIA, HTIA (High Tech Inventors Alliance) and the likes of these. PTAB helps a lot already and it's not hard to show support for it. Recently, our support of PTAB earned us threats of legal action. We'll write about it later this week.

Recent Techrights' Posts

Solicitors Regulation Authority (SRA) on Slop and Breach of Confidentiality
They should absolutely not ignore this
Almost 5,000 Known Gemini Capsules
It is now just 98 short of 5k
If You Value Privacy, Follow the Likes of Eben Moglen, Phil Zimmermann, and Richard Stallman, Not Back Doors' Boosters Who Mislabel Themselves as Security Experts
Signal is not really secure
 
Techrights is 100% Disconnected From Cheeto's America, the Problem is Hired Guns in London Helping Violent Americans Attack Us Domestically
Not a new problem, not limited to us
Greenland Needs to Disconnect From United States Tech to Protect Its Independence
The more Greenland protects itself from Social Control Media, the more robust or resilient it'll be to regime change
Open Source Endowment (OSE) Looking to Raise Money for Free Software, But It's Hard to Know who Runs the Open Source Endowment Foundation
Their Web site does not (easily) show who the Board of Directors includes
Apple Doesn't Want Anybody to Ask What Happened to Vision Pro
They lost a lot of money
If You Want More Verifiable (Auditable) Security, Use GNU Linux-Libre
GNU/Linux will never be 100% secure
Microsoft XBox Can't Stop Talking About Slop
Will we see more "prepared" (under embargo) Microsoft propaganda released simultaneously at 9PM tonight?
Rust Will Not Inherit the Earth, It Barely Deserves a Place on the Planet
Rust - like Haskell and many other short-lived fetishes - will come and go
Truth Versus Fiction: IBM's Collapse Due to Money Crunch, Not Slop Disguised as Code
core issue is financial
Priceless leaks found in crowdfunding campaign
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 26, 2026
IRC logs for Thursday, February 26, 2026
[Video] "New RMS [Richard Stallman] Positive Media" Reaches Millions of Viewers This Week
Assuming 5+ million people will watch this on the first week, that's good publicity for the Free software movement
Another Quiet Slop Day Passes By
the number of slopfarms we can locate/track is fast decreasing
Gemini Links 26/02/2026: Sending a Thesis and Lupa/Onion ("Lupa now lists Gemini .onion addresses")
Links for the day
Links 26/02/2026: Bcachefs Man Bonkers, "Seven Journalists Convicted for Taking Photos at Courtroom"
Links for the day
Links 26/02/2026: "Peak Mental Sharpness" and "The Whole Economy Pays the Amazon Tax"
Links for the day
"Community" Site Deleted by Jeffrey Epstein-Connected 'Linux' Foundation Had Interview Where Eben Moglen Spoke of GPLv3 and of DRM, Back Doors Etc.
Deleting what happened or what was said two decades ago
Richard Stallman (Free Software Foundation) and Eben Moglen (Columbia Law School) Explained 25 Years Ago That Proprietary Software (and Proprietary Firmware) Would Lead to Back Doors
a fortnight after the 9/11 terror attacks in the US
Writer's Block is Not a Problem to Us, Only a Lack of Time
Or timewasting by aggressive militants who try to silence us [...] People who experience writer's block very often find it depressing (it feels unproductive) and sometimes come to the conclusion that perhaps writing isn't for them
Giving to the Community Versus Taking From the Community (or Worse, Attacking the Community)
some people bring no contributions, only harm
LLM Slop Will Try to 'Rewrite' History of UNIX and GNU/Linux
We occasionally see slopfarms spreading misinformation about UNIX, GNU, and Linux
March Plans for Techrights
next month we plan to start the series about how the SRA failed
Where Does the Solicitors Regulation Authority (SRA) Stand on Machine-Generated Legal Documents and Copy-pasting One Client's Lawsuit to Start Another (for American Serial Strangler)?
Now that many law firms cheat (copypasta, paper DOoS, LLM slop, breaches of rules, even defaming the other side) the SRA cannot keep up
Of Course Android is Not Free Software
That Android is not about freedom should not be so shocking
Talking About Blackboxes
Having just reposted a couple of articles from Alex Oliva
Microsoft Slop is Already Killing XBox
Microsoft will fail at alleviating such concerns
Two Weeks Have Passed and It Looks Like Conde Nast's Ars Sloppica Sacked "Senior" "AI" "Reporter" Benj Edwards But Did Not Remove All His LLM-Produced 'Articles'
the editorial standards at Conde Nast's Ars Sloppica are a joke
Alex Oliva (GNU Linux-Libre): Stricter is Less Popular
Reprinted with permission from Alex Oliva
Fraud and Crimes at Microsoft
A lot of these American companies simply cheat and even bribe
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 25, 2026
IRC logs for Wednesday, February 25, 2026
FSF's Alex Oliva on Hardware Black Boxes
Reprinted with permission from Alex Oliva
What Microsoft Hides Underneath
In recent years a lot of this shell game was played via "Open" "AI" [sic]
A Lot of Slopfarms Died, Google News Feeds the Few Which Survived and Still Target "Linux"
Many just simply died
Links 25/02/2026: Fifth Year of War in Ukraine, Dihydroxyacetone Man Looking to Start More Wars
Links for the day
Gemini Links 25/02/2026: Retired a Year, Illness, Losing a Lung, and "Back to Gemini"
Links for the day
The Register MS Published a Ponzi Scheme-Boosting Fake Article This Morning. It Mentions "AI" 30 Times.
Will credibility be left after the bubble pops entirely?
They Try to Ruin Linux, Too ("Attestation" in GNU/Linux)
In the context of Web browsers, this isn't unprecedented and we wrote a lot about it
Mozzarella Company: All Our Cheese Comes With Mold Now, But You Can Ask the Seller to Remove the Mold
If you reject and oppose slop, do not download/use Firefox
Stallman Was Right About Back Doors
I had some conversations with Dr. Stallman about security and back doors
Australian Signals Directorate ex-employee sold back doors to Russia
Reprinted with permission from Daniel Pocock
IBM Debt-Loading and Liability (Toxic Asset) Offloading
One can hope that IBM will be subjected to the same attention Kyndryl received, but this boils down to politics
Links 25/02/2026: 'Hybrid Warfare' and "Boycott the State of the Union"
Links for the day
IBM (and Red Hat) Can Disappear in the Coming Years, Along With Kyndryl (Debt Twice as Big as Its 'Worth')
No wonder Red Hat workers tell us they hate IBM
Software Freedom is Science, But It Also Sustains Life
In some sense, Software Freedom can be explained in the context of nourishing people
“Xbox, like a lot of businesses that aren’t the core AI business, is being sunsetted."
There has been a lot of narrative control lately, including at 9PM on a Friday
3,300 Capsules Known to Lupa and Currently Accessible
Gemini Protocol turns 7 this summer
When it Comes to Firmware, the FSF and Its Founder RMS Won the Argument (But Not the Fight, Yet)
The "whataboutism" tactics are physiological manipulation means of discouraging those who move in the correct direction
Austria Tackles Digital Weapon Disguised as "Social" and/or "Media"
Are we seeing the end days of Social Control Media?
Nothing Over the Horizon for XBox
XBox is not even being sold in many places anymore
Solicitors Regulation Authority (SRA) Contradicting Itself: You Can Use Slop to Cheat Clients, But You Can Also Face Disciplinary Actions Over Slop
Where does the SRA stand on the matter?
In Praise of Eben Moglen
Hopefully Professor Moglen will be with us for many decades to come and become an active speaker on issues such as Software Freedom
Sunsetting IBM (for the Benefit of Few Corrupt Officials and Wall Street Speculators)
IBM will not (and cannot) survive for much longer [...] The issue is bad leadership, not any particular nationality/race
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 24, 2026
IRC logs for Tuesday, February 24, 2026
Gemini Links 25/02/2026: Rise of Solar in 2025 and Smallnet Protocols
Links for the day