Bonum Certa Men Certa

The Supreme Court of the United States Helps Patent Trolls

Fly



Summary: In an unforeseen kind of ruling, the same court which slapped down a lot of software patents last year is now legitimising the actions of a patent troll

Joe Mullin wrote about Patent Troll Tracker quite some time before he became a widely-recognised journalist focusing on patent trolls and some other patent-related matters. Patent Troll Tracker was later ousted with a bounty on his head (coming from a patent troll). Patent Troll Tracker was a patent lawyer from Cisco, which had attracted many trolls to it. Based on this new report from Mullin, Cisco has just lost to a troll at SCOTUS level (the highest possible level, which is also expensive). As Mullin put it: "The Supreme Court issued a ruling (PDF) today in Commil USA v. Cisco Systems, one of two patent cases it heard this term. On one key issue, the opinion favors Commil, a "patent troll" that won a $64 million jury verdict against Cisco. But other findings mean that the non-practicing entity won't be getting a payday any time soon—and a final section of the opinion is wholly dedicated to reminding judges to sanction misbehaving patent plaintiffs, something that didn't even come up in this case.



"In the Commil USA v. Cisco Systems case, a 6-2 majority of justices held that defendants in patent cases can't evade claims of "induced infringement" by arguing they had a "good faith belief" the patent was invalid. That overturns an appeals court decision favoring Cisco. Justice Stephen Breyer was recused from the case."

This is very bad because only one year after the Alice case we are now seeing SCOTUS leaning in favour of patent trolls, not just rubbish patents. SCOTUS is, in some sense, feeding the trolls here.

"Stop Feeding the Patent Trolls," says the headline of a new article, explaining: "At AngelList, we've spent the last several years creating a platform for startups and founders to connect with their peers, secure seed investments and recruit employees. We're passionate about what we do, which is why it's all the more upsetting to see fledgling businesses continue to take unnecessary and costly hits from greedy patent trolls.

"What SCOTUS has just done is only going to further legitimise trolls.""For years, patent litigation has drained small businesses of resources that would otherwise be used for research, investment and job creation. Specifically, flaws and loopholes in the current law allow patent assertion entities (PAEs), also known as patent trolls, to exploit the system and claim rights to patents without ever having made a product or provided a service to any customers. Congress' inaction has led to billions of dollars spent on frivolous patent suits, needlessly costing the economy and consumers."

There is then a reference to the PATENT Act, which only tackles small trolls but not big trolls. "The Protecting American Talent and Entrepreneurship Act of 2015," says the author, "is sponsored by both sides of the aisle, including Senators Grassley, Leahy, Cornyn, Schumer, Lee, Hatch and Klobuchar." It is also sponsored by the large corporations that are funding these politicians.

Let it be clear that patent trolls truly are an issue, but they are not the only issue and they benefit from the vast extent of patents on software. Various sites that focus on patent trolls (and patent trolls only) amplify the claims of those famed academics who focus only on trolls, for example Michael Meurer and Bessen. As Matt Levy put the situation, it was "Bessen that estimated that NPEs cost U.S. businesses at least $29 billion dollars in 2011." Levy previously related a SCOTUS approval of Form 18 abandonment to patent trolls. 9 days ago he wrote: "In a blog post last year, I wrote about about the prolific patent troll eDekka, which filed well over 100 complaints in 2014. Not one of them gave any useful information to the defendants. Most of the complaints were filed in the Eastern District of Texas."

Eastern District of Texas is where a lot of patent trolls operate from and the environment sure became fertile for their racketeering. What SCOTUS has just done is only going to further legitimise trolls.

IP Troll Tracker (not to be confused with Patent Troll Tracker) recalls one of the most notorious trolls out there, Erich Spangenberg, saying that there is alarming embellishment of what trolls like him are doing. "In another alarming chapter of the “saved from a troll by a troll” play book," she writes, "Jump Rope misses the rope itself and jumps straight into bed with Erich Spangenberg. Like Ditto before him, Mr. Braxton of Jump Rope found himself in the unfortunate position of having to take investment money from one of the founders of the business model that put his company in jeopardy to begin with."

Here is Mike Masnick at TechDirt put it: "The story tries to play this out like a “patent troll done good,” but it’s horrifying. It’s one patent troll beating up on a startup, and then allowing a second one to come in and vulture up the leftovers. It’s certainly not good for innovation in any way."

One might expect patent trolls to be vilified or cracked down on by now, but even the SCOTUS helps them these days. Some of the media paints them as innovators and some as saviors. Actions are now judged by the actor's size, not the action.

Recent Techrights' Posts

If You Don't Control Your Online Platform, Then Someone Else is Controlling You
be (or become) independent
The Solicitors Regulation Authority (SRA) Has a Policy on Racism and Sexism
In then future we'll show the misogyny and racial slurs
Links 22/09/2025: Murdochs Might Join Fentanylware (TikTok) 'Investors' (Masters), United Kingdom Recognises Palestinian Statehood
Links for the day
The 50-Pound Note Experiment and the "War on Cash"
Britain is actually seeing a rebound in cash payments, and it's not a temporary phenomenon
 
What Scares Them the Most is Independent News Sites That They Cannot Control and Censor
Wikileaks was a good example of this
Oracle Started This Year With Slop. Then It Stopped.
Passing fads are like this
Distros That Run on PCs Made 20 Years Ago and Don't Use Systemd
Betas for now
The Complaint About Brett Wilson LLP - Part I - Abusing British Women on Behalf of American Men Who Abuse American Women
Transparency is important to us, so we've decided to make this series
Slopwatch: Google News and the Evident Slopfarm Infestation
This is what people get about Linux when they query Google for Linux
Gemini Links 22/09/2025: Esperanto Music History and Apps For Android
Links for the day
Links 22/09/2025: More American 'Censorship' (Retaliation for Journalism), Cheeto "Might Be Losing His Race Against Time"
Links for the day
The Blob Slop
Give me more words, give me some text
Slopwatch: Blaming the Victims for Microsoft's Failures and Plagiarising Phoronix
That's what Google has been reduced to: slop and slopfarms
Links 22/09/2025: Breaches, Windows TCO, and Arrests
Links for the day
Gemini Links 22/09/2025: Rabbit Hole and DeGoogling Fairphone
Links for the day
Links 22/09/2025: Russian War Planes Invade NATO Airspace While Dihydroxyacetone Man Escalates Attack on Free Speech Because of Critics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 21, 2025
IRC logs for Sunday, September 21, 2025
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025
Gemini Links 20/09/2025: Snowy Photos and utism is a Spectrum
Links for the day
Microsoft-Sponsored Xenophobia and Nationalism
IBM is very similar in this regard
Vintage is Sometimes Better
Why can't we get back to "simple" if (or where) "simple" means better?
Climate Breakdown Means We'll be Publishing More, Not Less
Press freedom will be a common, recurring theme
Our 5-Year Geminispace Anniversary is Coming Up
I still remember when Gemini Protocol was quite new
It's Right to Point Out Violence From the Right
Violence is a recurring theme
Tentative Summary of Things to Publish in Project 2030
I'll still be in my forties by then
Web Browsers That "Do Hey Hi" (AI)
State-of-the-art plagiarism or "autocomplete on steroids" (not coined by us, nevertheless a nice description) don't have much/any prospect
Links 20/09/2025: Hardware Projects in View, Some Independent Publishers About Russia Prosper After Cheeto Cuts Funding
Links for the day
Gemini Links 20/09/2025: Options and TV Time Machine
Links for the day
Links 20/09/2025: Retrocomputer, Antique Phone Experience, and More
Links for the day
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day