Bonum Certa Men Certa

When British Companies Get Dragged Into Texan Courts Over Software Patents That Aren't Even Valid in Britain

US patent law matters everywhere as even Brits can be dragged into the rocket docket of patent trolls

Rodney Gilstrap



Summary: Some news from the abusive courts of the Eastern District of Texas, where patent justice is mostly an illusion because of the likes of Rodney Gilstrap (above)

Metaswitch Networks, a British company sued by patent thugs in Texas, has just won a case initiated in a Texan court, which is rare/hard. Metaswitch Networks now says that CAFC has just denied a patent injunction against it. Background was provided in our previous articles about this case.



"Federal District Court Denies Injunction Request in Genband US LLC vs Metaswitch Networks Ltd. Patent Litigation," says the headline of the press release, issued in London 3 days ago. The press/media (local or US) didn't seem to cover it, but someone sent us the press release that reads: "Cloud-native communications software leader Metaswitch today announced that the United States District Court for the Eastern District of Texas has denied Genband US LLC's motion for a permanent injunction against Metaswitch stemming from patent litigation between the two companies [Case No. 2:14-cv-33-JRG]. Genband US LLC filed the motion in February 2016. "We are pleased with the court's ruling," said Martin Lund, Metaswitch CEO, "and look forward to continuing our successful partnerships and customer engagements utilizing our broad technology portfolio and long history of technical innovation.""

Do patent courts in Texas have ethics? Remember it's them who enabled this expensive and cumbersome process for a British company (almost half a world away). These courts actively advertise themselves as being plaintiffs/trolls-friendly and this new article from Patently-O speaks of ethics opinions from Texas. To quote the key part: "The Texas ethical rules have some bearing on federal court litigation in the Fifth Circuit, although they do not control. See In re American Airlines, Inc., 972 F.2d 605 (5th Cir. 1992). Nonetheless, the Eastern District will consider the Texas rules as part of determining “national standards” of ethics in federal court. (I practiced in Texas for a long time, and am still licensed there and advise lawyers there, and this “national standards” of ethics thing can be a real trap for unwary lawyers who think they can rely on the Texas rules, alone.)"

"BlackBerry is Canadian, not Texan, so why pursue litigation down in Texas? It's very obvious why and it's a ruinous thing that makes Texas stand out as a major culprit."What we have here helps demonstrate that the VENUE Act [1, 2] is necessary and Texan courts are a big part of the problem. Right now BlackBerry says it will stop producing phones and the company has already begun suing companies using patents, choosing to file the lawsuits in Texas. BlackBerry is Canadian, not Texan, so why pursue litigation down in Texas? It's very obvious why and it's a ruinous thing that makes Texas stand out as a major culprit. This actually damages the public image of the entire state.

Remember where Newegg ended up fighting back against patents trolls? Yes, that too was Texas and it involved software patents in general. Texas does not seem to care if one is a troll, if Alice forbids abstract software patents and so on. The courts there are mostly rigged, as we demonstrated before.

Newegg's Lee Cheng recently spoke to Unpatent, an initiative we last mentioned 2 weeks ago. Here is a summary/overview of their talk:

Today we talk to Lee Cheng, the most prolific patent troll killer. He runs corporate development at Newegg where he also serves as Chief Legal Officer. We are extremely lucky of having him onboard as an Advisor to Unpatent, his experience and insights are truly invaluable.

We have a couple stories on the pipeline, but these stories are hard to find because companies are usually scared of making this public. As Lee explains, the moment you settle for the first time, you become an easy target. If you know any stories, please reach us at sadness@unpatent.co

Without further ado, you can enjoy the interview below. We also made a transcript of it in case you’d rather read it.


Rather than attempt to tackle one patent at a time, which is what Unpatent is hoping to accomplish, one should advocate for PTAB and oppose software patents. The EFF is currently trying to also limit the damage caused by courts in Texas -- the kind of nuisance which now facilitates patent bullies from Canada and impacts even companies as far away as Britain.

Recent Techrights' Posts

IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails