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

Why Would Anybody be Afraid of Talking to Richard Stallman?
We need to get rid of the baseless stigma
EPO on Strike
organisation operating outside the Rule of Law
Affirming What We Already Know: Solicitors Regulation Authority (SRA) is Profoundly Incompetent
"SRA ordered to pay solicitor £50k in costs after failed prosecution"
 
Gemini Links 30/01/2026: Love and Cultivation, Gemtext Anchors
Links for the day
Will Jim Zemlin Also Sell His Daughter or Only the "Linux" Brand (and Linux Foundation) to Bill Epsteingate?
Torvalds "ate a bug"
The Epstein Files Don't Say the Ages of Those "Russian Girls" Bill Epsteingate Exploited
This E-mail was sent around the time an arrest was made for pedophilia
Only One in 33 EPO Staff Voting on the Strike Opposed It
Kudos to all those who participated in the strike
Still Hoping for "Slop Zero" in 2026
We've also noticed that linuxiac.com shows a glimmer of hope this week
Links 30/01/2026: Waymo Crashing Into 'Small People' (Children), Microsoft at Risk Due to Slop Debt
Links for the day
Amutable’s Management and Founders Are 100% Microsoft!
It'll be focused on promoting Microsoft's agenda in everything it does
IBM Tries to Get Rid of Workers Without Paying Them (and It Appears to be Working)
be sure to speak to people who actually work there
He Has No Money, But He Has Power, He Has a Voice
That's why they envy and attack him
Free Software in Swiss Media This Week
RMS is still going places with his Migros bag (Swiss retail giant)
TV Programs Disseminate False Numbers of Microsoft Layoffs (About 31,000 Laid Off Last Year, Not Including PIPs, Contractors and so on)
large-scale layoffs are inevitable, no matter how long Microsoft delays or procrastinates
Links 30/01/2026: Microsoft's "OpenAI Is Headed For Bankruptcy" and Bitcoin Crashes
Links for the day
Amutable is a Microsoft Proxy Like Xamarin, With Some IBM/Red Hat Staff Added for Good Measure
Amutable chasing money and trying to impose TPM etc. on everybody
The Letter Sent to the Ringleader of the Alicante Mafia This Week
Call for industrial actions to stop the salary erosion of EPO staff
Oracle's Debt Exploded by 22 Billion Dollars in 6 Months, the Ponzi Scheme With Scam Altman Was Classic 'Pump and Dump'
The founder of Oracle now uses his wealth for right-wing ideological reasons, nothing else
Facebook ('Meta') is Dead Meat, This GAFAM Company's Debt Exploded by Almost 33 Billion Dollars in Just 3 Months (11 Billion Per Month)
we can expect many sales/contracts to get canceled
Australia's top nurse takes on Musk, Zuckerberg & rogue health influencers, birthkeepers
Reprinted with permission from Daniel Pocock
The "Alicante Mafia" - Part XVI - The Associates of Mr. Cocainegate Don't Want to Talk About Cocainegate (Right of Reply)
Nobody wanted to talk about cocaine at the EPO
The "Open Source" (Corporate Openwashing) Fake Community Rejects Democracy, Open Source Initiative is in Effect Dead
This is basically the end of the OSI
Cracks and Holes in Microsoft's Slop Bubble (Also, Windows is Declining)
"More Bad News For Xbox As Microsoft Blames Gaming For An Annual Decline In Its PC Business"
Microsoft's Debt Exploded by More Than 20 Billion Dollars This Past Year, Says Microsoft
Expect more mass layoffs
Strike at the EPO Today
Next month we'll start a new EPO series
State of the Slop and The Register MS Runs Ads as 'Articles'
Yesterday we could not find much slop about "Linux"
Gemini Links 30/01/2026: Announcing Crossyword and SYN Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 29, 2026
IRC logs for Thursday, January 29, 2026
Gemini Links 29/01/2026: Naps, Letting Go, and Terribly Cold Weather
Links for the day
Links 29/01/2026: Kennedy Center Officials Resigning and Amazon to Cut 16,000 Jobs
Links for the day
Goodbyes to Red Hat and IBM
PIPs let them do the same with less "wasted" on severance or with obscene narrative-shaping
RMS Was Right 35 Years Ago
Stallman’s viewpoints have remained the same
The Need to Understand the Projection Tactics Against RMS
There's an old and common saying (or "wisdom") about who's guilty when there's a fart in elevators (lifts)
Links 29/01/2026: Neocities Is Blocked by Microsoft, “Intellectual Freedom Centers” as the New "Intelligent Design"
Links for the day
Microsoft XBox Dying Not Only as a Console, Reveals Microsoft
Microsoft is trying to rebrand or repurpose the brand
Don't be Mistaken, Microsoft Boasts About Money That Does Not Exist and Revenue (Buying From Oneself!) Is Not Income
the company's debt grew
Fedora is IBM and There's Hardly Any Community Left
It's more like an onboarding mechanism for unpaid labour at (and for) IBM
IBM's Financial Performance in IBM's Own Words: Money Down, Debt Up Sharply
IBM isn't a healthy company
In Dominica, GNU/Linux Has Risen to All-Time High in 2026
a lot of America is moving to Free software this year
The "Alicante Mafia" - Part XV - EPO is on Strike Tomorrow, Lots to be Angry About (Except Money)
We'll soon finish the series
Gemini Links 29/01/2026: "Lady Audley's Secret" and "The Value Of Our Fear" (Carney's Speech)
Links for the day
Emmanuel Macron on Europe's GAFAM Addiction/Dependence: "There is No Such Thing as Happy Vassalage"
Microsoft has long worked to prevent commodification
It's Official, Mass Layoffs at IBM Again (2026)
In a matter of days we'll just see how much IBM's debt has grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 28, 2026
IRC logs for Wednesday, January 28, 2026
Laos and Microsoft: About 10% Windows, 0% Bing
There are many more nations like it
EPO Technical Meetings Show no Breakthroughs, a Strike Goes Ahead This Friday
Apparently there was another (fourth) meeting today [...] The industrial actions are working already
Google News as the Sole Source of Slop About "Linux", a Feeder of Slopfarms or Serial Sloppers
At least it's no longer hard to 'contain' the slop problem, knowing which domains are the culprits and seeing that Google is their main 'feeder'
IBM to Announce 'Results' Shortly, Expect Lots of Chaff Like "Quantum" and "Hey Hi" (Nothing Material to Show)
We're still seeing layoffs and an exodus
Links 28/01/2026: ChatGPT Has Financial Problems, White House Sharing Fakes (or Deepfakes) in Official Accounts/Sites
Links for the day
Gemini Links 28/01/2026: FlatCube NES Port Finished and "Why I Still Write on the Small Web in 2026"
Links for the day
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026