Bonum Certa Men Certa

District Courts' Patent Cases, Including the Eastern District of Texas (EDTX/TXED), in a Nutshell

It pays off to be a lawyer -- not a practicing (technical) professional -- in Texas

A ranch sign



Summary: A roundup of patent cases in 'low courts' of the United States, where patents are being reasoned about or objected to while patent law firms make a lot of money

THE Eastern District of Texas (EDTX/TXED) has made the US patent system almost synonymous with patent trolls. It's the fault of the courts there, not the USPTO, which merely granted poor- or low-quality patents that judges in Texas are happy to affirm/uphold. "Ribbon (as Sonus Networks) filed two more lawsuits against Metaswitch on March 8, 2018, in the Eastern District of Texas," according to this article from a few days ago. To quote:

Ribbon’s patent campaign against Metaswitch has a somewhat complicated history, starting with an infringement lawsuit filed in January 2014 under the case name Genband US v. Metaswitch Networks. Genband (Ribbon’s predecessor) asserted its patents against Metaswitch’s Perimeta Session Border Controller, a cloud native carrier-class virtualized SBC, as well as several other Metaswitch products. By today’s patent litigation success standards, Genband fared extremely well in that lawsuit. However, not satisfied with an $8.8 million royalty award after trial in January 2016, which was upheld on appeal and remand, Ribbon (as Sonus Networks) filed two more lawsuits against Metaswitch on March 8, 2018, in the Eastern District of Texas. Collectively Ribbon has asserted infringement of ten more patents against Metaswitch, on top of the seven patents that Metaswitch was found to infringe in 2016.


Notice how far back it goes: 2014. How much has it cost so far? Will there be justice? Not if patent lawyers make millions in the process, in which case the remaining question will be "who pay their bills?" rather than "should they be paid?"

"We generally believe that most if not all design patents are bunk; designs are already well covered by copyright law and to a certain degree by registered trademarks, e.g. on shapes."Looking at another Eastern District, this time in Michigan up north, the courts too are getting involved. Ellie Mertens wrote that they "recently applied the brakes to the Automotive Body Parts Association's efforts to invalidate Ford’s design patents..."

We wrote about this before. We generally believe that most if not all design patents are bunk [1, 2]; designs are already well covered by copyright law and to a certain degree by registered trademarks, e.g. on shapes.

Anyway, on we proceed to another case. The H2O, Inc v Meras Engineering, Inc. patent case's "verdict was excessive," according to this report about 'damages' being cut by almost three quarters (down from $12.5 million to $3.5 million). To quote the Docket Navigator:

Following a $12.5 million jury verdict for infringement of plaintiff's water system disinfectant patent, the court granted defendants' alternative motion for remittitur, subject to plaintiff's acceptance of a $3.5 million award, because the verdict was excessive.


There are some other cases of interest being covered by Docket Navigator this month. In Columbia Sportswear North America, Inc. v Seirus Innovative Accessories, for example, a design patent is being scrutinised:

The court granted plaintiff's motion for pre-judgment interest and rejected defendant's argument that plaintiff was not entitled to any interest because the jury awarded design patent profits under 35 U.S.C. €§ 289.


Here's a new motion to dismiss a case. citing the Court of Appeals for the Federal Circuit (CAFC):

The court denied defendant's motion to dismiss on the ground that plaintiff’s signal processing patent encompassed unpatentable subject matter under In re Nuijten, 500 F.3d 1346 (Fed. Cir. 2007).


In another new case (Nox Medical ehf v Natus Neurology Inc.) it seems clear that the patent aggressors are so very afraid of the Patent Trial and Appeal Board (PTAB). They would do anything to avoid their patents being properly checked/scrutinised. To quote this Docket Report:

The court denied in part plaintiff's motion in limine to exclude certain obviousness theories due to IPR estoppel.


One last Docket Report (regarding Integra LifeSciences Corporation et al v HyperBranch Medical Technology, Inc.) deals with a motion to exclude a testimony:

The court denied defendant's motion to exclude the testimony of plaintiffs' damages expert regarding a reasonable royalty for failing to apportion damages on a claim-by-claim basis.


When they talk about "damages expert" they usually speak about grossly overrated people who make up a bunch of numbers. So basically, any effort to discard their testimony would be fine with us. Sometimes these people attempt to justify billions in so-called 'damages' using pseudoscience and urban myths.

Who always wins these cases at the end? Lawyers. They have nothing to lose, only to gain (more so by perpetuating such feuds). ⬆

Recent Techrights' Posts

The Local Staff Committee Munich (LSCMN) Speaks of Deterioration of Working Conditions at the European Patent Office (EPO)
"At least 3 days per week in the Office for an allocated office"
IBM's Anderon is Like Theranos, But Will Anybody at IBM or Anderon Be Imprisoned for This Billion-Dollar Scam?
Will anyone ever be held accountable for it?
 
Microsoft Has Confirmed It Had a Plan to Cut Azure (or Azure Costs) by 20%
So basically... yes! Microsoft did have a plan to slash Azure.
No Noticeable Libera Chat Exodus After Code of Censorship (CoC) Scandal Earlier This Month
Libera Chat pissed off some people by unmasking the CoC's real purpose
Red Hat Silent Layoffs Seem to Carry on Throughout This Month
How much longer will these silent layoffs (e.g. PIPs) carry on for?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 14, 2026
IRC logs for Wednesday, October 14, 2026
Netflix and Its Newest Rival Carry 100 Billion Dollars in Debt
What sort of economy is this?
Egypt: GNU/Linux Still Measured at About 5%
Egypt is a prominent African nation and economy
Gemini Links 14/10/2026: Time Allocation, English as a Fourth Language, and "Reading News Sources" in Geminispace
Links for the day
DRM Giant Announces Giant Layoffs (Netflix’s Debt is Huge)
It's not like operational costs are decreasing, they're climbing fast.
Intercontinental Brigading - Part III - Reporting Harassment From America to British Police
Why are they so hostile towards (and afraid of) cops?
Gemini Links 14/10/2026: GemPub, Randogoth Forge F-Droid Repo, Oddμ, and Kolibri
Links for the day
Bluewashing as Silent RAs: A "journey that began at Neudesic [...] and continued as part of IBM" inevitably came "to a close"
IBM can be antagonistic and reckless with whatever it buys
Links 14/10/2026: Houthi Attacks on KSA and Airstrikes Near Sudan-Egypt Border
Links for the day
No Coronation for 'Cocaine King' Campinos (Not Yet Anyway)
A flash update suggests perils exist and we must all wait until December as the position for EPO President may open
In Reddit, Moderators of IBM Subs Are Allegedly on IBM's Payroll (IBM Can Censor Discussions About IBM)
There also seem to be PIP layoffs in India
If Worthless Companies Are Valued at a Billion Dollars in the Slop Industry, Then What Is the True Worth of 'Trillion-Dollar' Companies?
Definitely not a bubble!
It Sounds Like Microsoft Plans to Lay Off Over 2,000 Azure (Microsoft) Workers as the Datacentre Business Brings Nothing But Epic Debt
Trillions in losses is not a solid business plan
Microsoft XBox Won't Survive, Microsoft's CEO for This Perishing Business Turns to Slop
What the founder or father of XBox said about Asha Sharma earlier this year turns out to be accurate
Links 14/10/2026: So-called 'AI' Giants Go Bankrupt, "Military Will Hack the Election"
Links for the day
Indoor Season
we have more planned in order to improve navigation, accessibility, and workflows
Microsoft Demands That Staff Keeps Silent About the Mass Layoffs
Way to cause anger and ensure whistleblowers will go to the media
Microsoft Has Had Mass Layoffs in Azure Every Year Since 2020 and the Bleeding Continues Because It Misreports Earnings There
This is a bad week for Microsoft
Microsoft's International Mass Layoffs (Asia, Europe, Africa), Now Vietnam
A crisis that Microsoft is unable to hide
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 13, 2026
IRC logs for Tuesday, October 13, 2026
Gemini Links 14/10/2026: Ceiling Fan, Fascism, Democracy, and Slop Being a Huge Bubble
Links for the day
Reports of Stress and Layoffs at Microsoft, Some People Laid Off Under the Guise of "Ban" (Gift From the Administration) and Many Sacked in India
"pip and gvsa" layoffs in India
ITwire Became Slop and Spam
The site still exists, but it's not what it used to be
W3C Died 20 Years Ago, Now We Live in a Post-W3C Era. Linux Foundation is 'Slop Bros', Now Linux is Becoming Unfree.
Torvalds is on the same side as Epsteingate
We're Way Past the Point Where Companies Announce or Declare Mass Layoffs
Layoffs are becoming hidden
Linux Kernel to Hide the Slop to Avoid Backlash, Suggestion Made by Former Microsoft Employee While Another Former Microsoft Employee is Worst Slopper/Culprit in Linux
Did Torvalds listen to slop antagonists?
Solicitors Regulation Authority (SRA) Besieged by Blind Justice UK, Politicians Increasingly Involved
"Today we have written to Members of both Houses of Parliament"
Vance Has Helped Microsoft Implement Secret, Silent Layoffs
Nothing excites Microsoft more than means by which to discard many employees without an obligation to tell shareholders about it
To The Register MS, Microsoft is the Only Brand That's at the Main Menu!
Consider that the Editor of The Register MS is a longtime faithful Microsofter
Microsoft's Collapse Will Continue, It's Drowning in Debt Now
Expect many more mass layoffs
Legal Self-Sufficiency
The more impact our work has, the more legal bullying will come our way
Plans for Winter in Manchester and London
From many perspectives, we're satisfied with the certainty and robustness of UK hosting, it's just that we're not yet robust/resistant enough to DDoS attacks
Customer Support Experience in 2026
Because the customer is never right
Microsoft Shutdowns in Africa, Mass Layoffs Also Reported This Week
further shutdowns
Links 13/10/2026: More Plagiarism Lawsuit Over Slop and AirAsia Needs State Help
Links for the day
Intercontinental Brigading - Part II - An Outline of This Series
What's to come
Gemini Links 13/10/2026: Dopamine Nation, Planner and Fatigue, and Moderators
Links for the day
Links 13/10/2026: Norway Fines Microsoft and Cops Can Creep on Airbnb
Links for the day
When Computers "Expire" Because Certificates Expire
People who promote Restricted Boot are liars. They lie for a living.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 12, 2026
IRC logs for Monday, October 12, 2026
Gemini Links 13/10/2026: Modern Science, Joplin, Luddites, and Lots More
Links for the day