Bonum Certa Men Certa

Even Judge Gilstrap From Texas is Starting to Accept That Software Patents Are Invalid

Rodney Gilstrap



Summary: Amid new lawsuits from Texas (e.g. against Citrix) we're pleased to see that even “reprehensible” Rodney Gilstrap (that's what US politicians call him [1, 2]) is learning to accept SCOTUS on 35 U.S.C. €§ 101

THE Federal Circuit and the Patent Trial and Appeal Board (PTAB) long ago accepted SCOTUS and began invalidating software patents en masse (2016 or 2017 was the turning point and this year new records are reached). Will the U.S. Patent and Trademark Office (USPTO) follow suit and stop granting such patents? We sure hope so. This doesn't seem promising though.



It's clear that things have changed in a positive way when even the notorious Rodney Gilstrap is starting to understand that software patents are bunk. CAFC agrees of course. "The Federal Circuit on Tuesday affirmed U.S. District Judge Rodney Gilstrap’s decision to invalidate seven mobile messaging patents that were asserted against Regal Cinemas, Baskin-Robbins, Edible Arrangements and the Culver’s restaurant," Tiffany Hu wrote. Excellent!

We have meanwhile learned, however, courtesy of Triangle Business Journal (near Citrix), that Citrix got sued by what certainly sounds like another bogus patent lawsuits firms over bogus software patents. The plaintiff comes from Texas, home of Rodney Gilstrap.

It is no secret that Rodney Gilstrap made rulings the way he did in order to attract more litigation to his town; he said so himself. This means that justice itself had been compromised for business reasons and that's not okay.

The sure thing is, in order to improve his record as a judge (fewer decisions overturned by a higher court), Rodney Gilstrap will need to 'get with the programme' and accept the Leahy-Smith America Invents Act. It's not going away, it's here to stay.

Thankfully, this trend (as above) means fewer lawsuits in Texas and far fewer patent lawsuits overall.

TC Heartland, which soon turns 1.5 years old, contributed a great deal to this too. Watchtroll spins that as it usually does. "Patent Infringement Lawsuit Against Comcast Highlights Attractiveness of Middle District of Florida for Patent Plaintiffs," Watchtroll wrote four days ago, but that makes no sense because citing TC Heartland it looks like the patent lawsuit will be thrown out or relocated. TC Heartland is even explicitly mentioned as follows:

On August 1st, Fort Myers, FL-based over-the-top (OTT) Internet television provider WhereverTV filed a suit alleging patent infringement against Philadephia, PA-based telecommunications conglomerate Comcast Corporation. Despite the fact that Comcast is headquartered in Pennsylvania and the inventor listed on WhereverTV’s patent resides in Pennsylvania, the complaint was filed in the Middle District of Florida, a district which has been growing more attractive for parties filing patent infringement suits.

[...]

On September 18th, the defendants in this case filed a motion to dismiss Comcast for lack of personal jurisdiction and improper venue, along with a motion to dismiss WhereverTV’s suit for failure to state a claim. Comcast’s claim of improper venue relies on the U.S. Supreme Court standard set out in 2017’s TC Heartland v. Kraft Foods Group Brands. Comcast argued that it is not incorporated in Florida nor does it have a regular and established place of business within the state, and thus doesn’t reside in the state for the purposes of the patent venue statute. As Leahu points out, this motion is specifically limited to the parent Comcast Corporation entity and not the other three defendants in the case. “The other three defendants are all registered in the State of Florida to transact business in Florida,” Leahu said, noting that Comcast filed an application in 2001 to withdraw from transacting business in Florida. “If a company files the appropriate paperwork to do business in the State of Florida and claims the benefit of doing business in the state, that’s one of the factors going towards the argument that they can be hauled into court in Florida in most cases.”


TC Heartland was also recalled by another site of patent maximalists a few days ago:

A new Docket Navigator report assesses the impact of TC Heartland on the most popular districts for patent litigation, the number of patent cases and which districts are being affected by venue challenges

The full extent of the influence of TC Heartland v Kraft on patent litigation in the US has been revealed by a Docket Navigator report. It analyses the 2017 US Supreme Court decision’s effects on a range of different areas...


The headline is a loaded one: "TC Heartland shook up venue choice, did it reduce US patent litigation too?"

It did.

The number of patent lawsuits in the US has collapsed, never mind where the lawsuits get filed (it's harder to get the courts that advertise being biased, such as Gilstrap's court). Moreover, if one looks at the total number of lawsuits, the difference over the years and the decline of Texas, then it makes things intuitively clear that lack of access to the likes of Gilstrap discouraged further litigation of this kind. Gilstrap ruled on a huge number of software patent and patent troll cases. This is why he is being mentioned so much and US politicians bothered mentioning him by name, dubbing him “reprehensible”.

Recent Techrights' Posts

IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
 
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day
Slop About "linux" in Google News
Once people recognise that those sites are fake it's hard to 'unsee' what they are
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part V - Attempts to Take Down and Suppress Criticism of Back Doors Controlled by Microsoft and the American Government
The cost of maintaining illusions
Slides From the European Patent Office (EPO) Explain Why They're Striking, How They're Striking, and What Comes Next
A week from now the strike will go ahead
GAFAM Datacentres Are Facilities of War, So Risk of Downtime by Missiles or State-Sponsored Cracking Has Vastly Increased
How safe is your business in "clown computing" or DCs marked as some "legitimate targets" at wartime?
Companies That Take Away Blood and Sweat From the Community to Sell a Ponzi Scheme to Everybody
We need Free software that is run by communities
1,234 People Gather Online to Plan Next EPO Strikes and Other Industrial Actions
yesterday an online gathering orchestrated the next moves by EPO staff
Links 11/03/2026: Fake Videos Swarm YouTube, "Ukraine Can Now Manufacture ‘China-Free’ Drones"
Links for the day
Gemini Links 11/03/2026: Lagrange for iOS and Android and "Turning a Folder of Git Repos Into Project Launcher"
Links for the day
Kafkaesque: Unlawful Activities in the UK to Cover Up Unlawful Activities in the United States of America
Why is bribery and even extortion seen is OK? Because rich people do those things?
Former IBM Executive, Ron Hovsepian, Doomed S.u.S.E. (SUSE)
SUSE is like a child nobody wants to raise
Quiet Layoffs or Silent Layoffs Alleged at Microsoft
Will some investigative journalists do their job now and ask Microsoft tough questions?
After a Long Lull LinuxTeck (linuxteck.com) Came Back Only as a Slopfarm
Unlike Linuxiac, LinuxTeck wasn't very active in recent years
Links 11/03/2026: EPO and USPTO Software Patents Thrown Out Again, Copyright Concerns Over Slop (Plagiarism Using Buzzwords)
Links for the day
Microsofters' SLAPP Censorship - Part 9 Out of 200: 5RB Barrister Does Not Even Know the Name of His Own Client (That He Was Paid Well Over $200,000 to 'Speak' or 'Cover' for)
If you assault women in the United States, there's a barrister available for you in the UK
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026
Geminispace Continues to Grow
Geminispace Will Soon Have 5,000 Capsules
Very Little Slop About "Linux"
We hope to see slop eradicated by year's end
BBC Lied for Its Longtime Sponsor (Bribes for 15+ Years) Bill Epsteingate, in Effect Covering Up Sex Trafficking of Underage Girls
The state of the media is truly awful
Microsoft GitHub is Not Free Hosting and It Won't Last
Not for much longer [...] Microsoft is afraid to say that it is pulling the plug, but it seems inevitable
Mass Layoffs at Microsoft, March 2026
When will the media properly investigate this?
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part IV - Escalating to Ministers, Explaining the Severity of These Matters
British Sovereignty at Stake
"The Lost Generation" Came Back, This Time Literally
Based on my limited experience with young people ("alphas"), they're lost
IBM is Not Likely to Survive Another Decade
Despite having already survived over a century [...] Last week we saw claims that some company would likely acquire IBM for its remaining assets
IBM Has Just Been Sued Again by Its Own Staff (This Time a Manager, Stephen P. Gutierrez)
IBM's behaviour towards its staff can prove costly
When a Company Says Its Layoffs are "Due to AI" Check the Debt (Typically the Real Reason for Mass Layoffs)
The mass layoffs at Microsoft continue, but Microsoft hides those in some of the same ways IBM does
Doing More With Less
primacy of concepts rather than bells and whistles
Andy and Helen in Cybershow on Divesting From the United States' Technology and Politics
It is no longer considered a taboo to say this and it's not "anti-American" because many Americans can relate to and agree with such criticism
Links 10/03/2026: "GEMA v. Suno Copyright Case" and "Valve Faces PRS Lawsuit Over Allegedly Unlicensed Steam Music"
Links for the day
Gemini Links 10/03/2026: Woods in UK, Slop Laziness, and "Small Technology and Small Economic"
Links for the day
Garrett Announces LibreLocal Instance in Northampton, Massachusetts (USA)
his message was the only one last month
Microsofters' SLAPP Censorship - Part 8 Out of 200: Gross Misuse of UKGDPR to Protect the Agenda of American Back Doors (Mass Surveillance)
Responding to bunk claims regarding UKGDPR and claims of 'analytics' in our sites
Links 10/03/2026: Oil Prices Rising, South Korean/US Military Assets Redirected
Links for the day
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026