09.04.16

Gemini version available ♊︎

Death of Software Patents Almost Everywhere Except the Eastern District of Texas

Posted in America, Patents at 3:49 pm by Dr. Roy Schestowitz

United States District Court for the Eastern District of TexasSummary: The Eastern District of Texas is being defended by overzealous supporters of software patents as the US continues to slash software patents, citing Alice/Section 101

THE USPTO is belatedly (well overdue) working on patent quality and enraging the patent microcosm. As one patent attorney put it the other day, “I’m looking for a link to the MA Dist. Ct decision invalidating patents w/101/Mayo. It is outrageous.”

“Reform or no reform, Congress or no Congress, the courts are doing their job and after the Supreme Court ruled on Alice and Mayo so much has changed for the better.”What makes him say “outrageous” is probably a good thing. It’s just not good for his job, that’s all. His job is more secure if patents are easier to get, i.e. if patent quality declines even further. Looking at some of the latest gossip from IAM, they recall the nearly defunct patent reform in the US (never seriously revisited after last year’s summer vacation) and say: “Ever since the summer of 2015 when the possibility of a vote on the Innovation Act was killed in the House of Representatives, patent reform has remained firmly on the back burner in the US Congress. There has been some discussion around the prospects of venue reform with one bill introduced in the Senate aimed at stopping the kind of forum shopping which means that the vast majority of patent cases are heard in Eastern Texas, but that hasn’t gone anywhere as yet. And with the election just around the corner, most don’t expect anything to happen before the next Congress gathers early next year.”

Reform or no reform, Congress or no Congress, the courts are doing their job and after the Supreme Court ruled on Alice and Mayo so much has changed for the better. Even CAFC, the evil ‘genius’ that came up with software patents several decades ago, is now swatting them like flies (this court is where software patents simply come to die).

“What’s interesting in Hospira v Cubist is the mass invalidation of patents (three in one fell swoop).”Suffice to say, we are not against patents in general. In fact, we tend to only focus on software patents, as we always have done. This new trial in the case of Pure Storage [1, 2, 3, 4, 5], for example, isn’t worth entertaining here, except for reasons that are separate from patent scope (for example, the claim of damages and $14M verdict, which is probably far too much). For a more relevant example see the case against Cubist. It was covered by IP Kat and cited by us a few days ago. Now there is this followup that says: “The IPKat posted a report earlier this week of the case Hospira v Cubist, in which three patents belonging to Cubist were revoked by Mr Justice Carr. A kind reader commented expressing the opinion that the reasons for finding the third patent invalid seemed a little thin. This aspect of the judgment is actually very interesting and was rather glossed over in the earlier post, and so this Kat would like to revisit the topic to look at this one aspect in a little more detail.”

What’s interesting in Hospira v Cubist is the mass invalidation of patents (three in one fell swoop). Is the era of excessive patent litigation in the US over? Is it being reduced to sane levels? Whatever it is, we are increasingly optimistic about the US patent system (unlike the EPO where things keep getting worse).

“As we noted earlier tonight, at long last the USPTO seriously considers Section 101.”The patent law firms just can’t help trying to resurrect software patents which are effectively dead. It’s fun for us to watch. Last week’s article, “Roadmap to Software Patent Eligibility” by Joe Bird of Bradley Arant Boult Cummings LLP, was basically more of the same. The patent law firms are grouping and scratching their collective heads in an effort to work around Alice. Not even corruption of the former Director of the USPTO (official-turned-lobbyist) has helped them undermine Alice.

As we noted earlier tonight, at long last the USPTO seriously considers Section 101. The USPTO’s examiners once again failed to deny a software patent (here is an article about this MacroPoint patent), but that does not mean that US courts will tolerate it. A paper with a stamp on it is not a court order or decree. There are famous trolls in this domain of MacroPoint and if it attempts to actually sue some firm/s we can expect them to risk losing this patent.

“It’s quite likely that all these software patents are next to worthless now.”Speaking of trolls, watch how patent trolls like Intellectual Ventures get mentioned in this Adapt IP tripe. To quote from Yahoo! Finance: “Family Systems has also built many of the patented features into its’ Verbol Voice software prototype that include sophisticated features complimentary to leading services such as WhatsApp.” They’re talking about software patents and say that “[t]his patent portfolio has been cited by companies including Google, Intellectual Ventures, IBM, Chacha Search, RedHat, Microsoft, Xerox, Oracle, HP and SnapChat.”

Cited in what context? And many of the above are proponents of software patents if not patent trolls (IBM and Microsoft sure act like it now). When were these patents cited? Before or after the Alice effect? It’s quite likely that all these software patents are next to worthless now. They’re just a bunch of papers in frames (or without frames).

“Bear in mind that’s a Eastern District of Texas (EDTX) ‘court’, which is notoriously corruptible (the district even advertises its plaintiff-friendly biases).”Speaking of the Alice case and trolls, how about the “post-Halo” world, as MIP put it just before the weekend? We covered the Halo case earlier this year (basically, US patent courts gave a gift to patent trolls) and because of it “[a] jury award to Imperium IP of $6.9 million has been trebled to $20.9 million by an Eastern District of Texas judge [....] In the first case in which enhanced damages were on the table in the Eastern District of Texas since the Supreme Court handed down its decision in Halo v Stryker, Judge Mazzant ruled that Samsung owes plaintiff Imperium IP Holdings treble damages.”

Bear in mind that’s a Eastern District of Texas (EDTX) ‘court’, which is notoriously corruptible (the district even advertises its plaintiff-friendly biases). Watchtroll (IP Watchdog), publishing through Steve Brachmann, a “freelancer [writer] for more than seven years,” is belittling the problem with the rocket docket of patent trolls in Texas (EDTX). Here he is presenting misleading figures to make it seem like there’s no problem with Texas. To quote: “This isn’t the only judicial vacancy which Capitol Hill has been unable to fill in recent days, however. As of Tuesday, August 30th, statistics published online by U.S. Courts indicated that there are 93 total federal judicial vacancies affecting the U.S. system of courts. This includes 32 vacancies which are considered to be judicial emergencies. A judicial vacancy at a district court is considered an emergency when weighted filings are in excess of 600 per judgeship, or the vacancy exists for more than 18 months where weighted filings range from 430 to 600 per judgeship, or the vacancy is at any court with more than one authorized judgeship but only one active judge. U.S. district courts have a total of 72 vacancies, 28 of which are judicial emergencies.”

“But Watchtroll — being the biased site that it is — is selling/delivering an agenda again.”Anybody with half a clue would be able to tell that this is selective use (or cherry-picking) of statistics. We previously showed some statistics about the great role of EDTX in the patent trolling epidemic. But Watchtroll — being the biased site that it is — is selling/delivering an agenda again. We previously mentioned the demise of patent law firms (see NASDAQ’s “Another Intellectual-Property-Law Firm to Close”), with important press coverage soon to be affected by spin/press releases (looking like reputation laundering or distraction from the real news [1, 2, 3, 4, 5]) and certainly they realise that their last remaining haven might be EDTX with its crooked ‘court’ system (barracks of the trolls).

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. [Meme] António Campinos and Socialist Posturing

    Staff of the EPO isn’t as gullible as António Campinos needs it to be



  2. António Campinos as EPO President is Considered Worse Than Benoît Battistelli (in Some Regards) After 3.5 Years in Europe's Second-Largest Institution

    The EPO's demise at the hands of people who don't understand patents and don't care what the EPO exists for is a real crisis which European media is unwilling to even speak about; today we share some internal publications and comment on them



  3. Media Coverage for Sale

    Today we're highlighting a couple of new examples (there are many other examples which can be found any day of the year) demonstrating that the World Wide Web is like a corporate spamfarm in "news" clothing



  4. Links 3/12/2021: GNU Poke 1.4 and KDDockWidgets 1.5.0

    Links for the day



  5. IRC Proceedings: Thursday, December 02, 2021

    IRC logs for Thursday, December 02, 2021



  6. Links 3/12/2021: Nitrux 1.7.1 and Xen 4.16 Released

    Links for the day



  7. Links 2/12/2021: OpenSUSE Leap 15.4 Alpha, Qt Creator 6

    Links for the day



  8. The EPO's “Gender Awareness Report”

    There’s a new document with remarks by the EPO’s staff representatives and it concerns opportunities for women at the EPO — a longstanding issue



  9. IRC Proceedings: Wednesday, December 01, 2021

    IRC logs for Wednesday, December 01, 2021



  10. EPO Staff Committee Compares the Tactics of António Campinos to Benoît Battistelli's

    The Central Staff Committee (CSC) of the EPO talks about EPO President António Campinos, arguing that “he seems to subscribe to the Manichean view, introduced by Mr Battistelli…”



  11. Prof. Thomas Jaeger in GRUR: Unified Patent Court (UPC) “Incompatible With EU Law“

    The truth remains unquestionable and the law remains unchanged; Team UPC is living in another universe, unable to accept that what it is scheming will inevitably face high-level legal challenges (shall that become necessary) and it will lose because the facts are all still the same



  12. Links 1/12/2021: LibrePlanet CFS Extended to December 15th and DB Comparer for PostgreSQL Reaches 5.0

    Links for the day



  13. EPO Cannot and Will Not Self-Regulate

    The term financialisation helps describe some of the activities of the EPO in recent years; see Wikipedia on financialisation below



  14. [Meme] Germany's Licence to Break the Law

    Remember that the young Campinos asked dad for his immunity after he had gotten drunk and crashed the car; maybe the EPO should stop giving diplomatic immunity to people, seeing what criminals (e.g. Benoît Battistelli) this attracts; the German government is destroying its image (and the EU’s) by fostering such corruption, wrongly believing that it’s worth it because of Eurozone domination for patents/litigation



  15. EPO Dislikes Science and Scientists

    The EPO's management has become like a corrupt political party with blind faith in money and monopolies (or monopoly money); it has lost sight of its original goals and at this moment it serves to exacerbate an awful pandemic, as the video above explains



  16. Links 1/12/2021: LibreOffice 7.3 Beta, Krita 5.0, Julia 1.7

    Links for the day



  17. Links 1/12/2021: NixOS 21.11 Released

    Links for the day



  18. IRC Proceedings: Tuesday, November 30, 2021

    IRC logs for Tuesday, November 30, 2021



  19. Links 1/12/2021: Tux Paint 0.9.27 and WordPress 5.9 Beta

    Links for the day



  20. [Meme] EPO Administrative Council Believing EPO-Bribed 'Media' (IAM Still Shilling and Lying for Cash)

    IAM continues to do what brings money from EPO management and Team UPC, never mind if it is being disputed by the patent examiners themselves



  21. The EPO's Mythical “Gap” Has Been Found and It's Bonuses for People Who Use Pure Fiction to Steal From Patent Examiners

    The phony president who has the audacity to claim there's a budget gap is issuing millions of euros for his enablers to enjoy; weeks ahead of the next meeting of national delegates the Central Staff Committee (CSC) tells them: "Events show that the delegations’ concerns about functional allowances have materialised. The lack of transparency and inflation of the budget envelope gives rise to the suspicion that high management is pursuing a policy of self-service at the expense of EPO staff, which is difficult to reconcile with the Office’s claimed cost-saving policy, and to the detriment of the whole Organisation."



  22. Video: Making the Internet a Better Place for People, Not Megacorporations

    Following that earlier list of suggested improvements for a freedom-respecting Internet, here's a video and outline



  23. Links 30/11/2021: KDE Plasma 5.23.4, 4MLinux 38.0, Long GitHub Downtime, and Microsoft's CEO Selling Away Shares

    Links for the day



  24. A Concise Manifesto For Freedom-Respecting Internet

    An informal list of considerations to make when reshaping the Internet to better serve people, not a few corporations that are mostly military contractors subsidised by the American taxpayers



  25. Freenode.net Becomes a 'Reddit Clone' and Freenode IRC is Back to Old Configurations After Flushing Down Decades' Worth of User/Channel Data and Locking/Shutting Out Longtime Users

    Freenode is having another go; after “chits” and “jobs” (among many other ideas) have clearly failed, and following the change of daemon (resulting in massive loss of data and even security issues associated with impersonation) as well as pointless rebrand as “Joseon”, the domain Freenode.net becomes something completely different and the IRC network reopens to all



  26. Jack Dorsey's Decision is a Wake-up Call: Social Control Media is Just a Toxic Bubble

    The state of the World Wide Web (reliability, preservation, accessibility, compatibility etc.) was worsened a lot more than a decade ago; with social control media that’s nowadays just a pile of JavaScript programs we’re basically seeing the Web gradually turning into another Adobe Flash (but this time they tell us it’s a “standard”), exacerbating an already-oversized ‘bubble economy’ where companies operate at a loss while claiming to be worth hundreds of billions (USD) and generally serve imperialistic objectives by means of manipulation like surveillance, selective curation, and censorship



  27. IRC Proceedings: Monday, November 29, 2021

    IRC logs for Monday, November 29, 2021



  28. Links 29/11/2021: NuTyX 21.10.5 and CrossOver 21.1.0

    Links for the day



  29. This Apt Has Super Dumbass Powers. Linus Sebastian and Pop_OS!

    Guest post by Ryan, reprinted with permission



  30. [Meme] Trying to Appease Provocateurs and Borderline Trolls

    GNU/Linux isn’t just a clone of Microsoft Windows and it oughtn’t be a clone of Microsoft Windows, either; some people set themselves up for failure, maybe by intention


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts