Bonum Certa Men Certa

Good News on the Patent Trolls Front as Collapse of Such Parasitic Firms Continues, US Government Signals Ongoing Reform

KEEP CALM AND CRUSH PATENT TROLLSSummary: Judging by some of the latest news and developments, the crackdown on patent trolls is likely to continue this year and the Supreme Court is likely to crush the courts of the Eastern District of Texas

THE STRANGE WORLD of patent trolling has grown only in unpopularity and public disdain. I know people and companies that were personally and legally impacted by these. Thankfully, however, the USPTO took some steps towards tackling this plague, helped by courts including SCOTUS, which is likely to rule against the majority of patent trolls some time later this year.



Sites that speak for trolls (and are funded by some) are not particularly happy. We recently wrote about the RPX debacle and it turns out to be even worse than we thought. RPX is now headless and the head's "departure, which was confirmed in a press release early yesterday morning, apparently came after a proposal he made to take the business private. According to the release, RPX’s board of directors “conducted a review of the company’s prospects and opportunities and disagrees with Mr Amster’s views on the matter”. Given that, Amster clearly had to go. As we also revealed last Friday, he has been replaced by general counsel Marty Roberts on an interim basis."

"Sites that speak for trolls (and are funded by some) are not particularly happy."RPX is not defensive, it’s a parasite or even a troll. It's also supported by Microsoft, a notorious patent aggressor.

It sure looks like many trolls are rotting or dying these days. The father of patent trolling died a few months ago and shortly thereafter his own troll went under. We recently gave some more example of dead (or dying) patent trolls. They're not publicly-traded entities, so it's not easy to keep track of such things. Even the world's largest patent troll, which is connected to Microsoft and was connected to the father of patent trolling, seems to be suffering a collapse (layoffs and founder heading outwards). Microsoft's own in-house troll was recently decapitated and there too there are layoffs on the way.

"It sure looks like many trolls are rotting or dying these days."Looking at IAM for some more troll news (they favour the trolls), it turns out that the IP strategist of American Express is quitting and in "IP Zone [he] will continue to make use of its online Virtual Intellectual Property Exchange (VIPEX) tool which IP owners can use to help manage the deal process."

Sounds like a trolling operation, or a tool for armament of patent trolls. Will it take off? Hopefully not.

In another new post from IAM, which loves the trolling it sees in China, it is being shown that east Asia is quickly becoming a patent trolls hub, as many observers already warned before. Xilinx is now being targeted; its products helped me learn how to develop software at chip design level (I constructed a calculator in just a few days using gate-level design when I was 19).

"Microsoft's own in-house troll was recently decapitated and there too there are layoffs on the way."Is there anything that trolls won't ruin and outright destroy? To quote IAM, "Japanese sovereign patent fund (SPF) manager IP Bridge launched its latest patent assertion campaign at the end of last month, suing fabless chipmaker Xilinx in the Eastern District of Texas." (EDTX)

Now they do this in Beijing, Tokyo and even Guam. Horrible. We need to be aware of the impact this will have on ordinary people.

Earlier this week Professor Dennis Crouch offered his thoughts on Neil Gorsuch, who is likely to join SCOTUS soon (and will thus rule on patent trolls later in the year; see the aforementioned case). Crouch wrote: "I don’t know if my end-of-April prediction will hold true, but I do expect Neil Gorsuch to become a Justice on the United States Supreme Court. As a 10th Circuit Judge, Gorsuch never decided a patent case, but does have a handful of interesting IP cases."

"Gorsuch is extremely young for this kind of role (Justice at SCOTUS)."That's what we too noticed. He's mostly a mystery when it comes to copyrights, patents etc. One has to wonder how much of a grasp he has in this area. If he is not experienced or properly educated, then patent maximalists will prey on his mind and turn him into another Rader. Gorsuch is extremely young for this kind of role (Justice at SCOTUS).

Writing about where companies stand on killing patent trolls, or at least putting an end to their venue of choice (EDTX), Crouch wrote this quick but detailed post the other day. "Just about everybody is weighing in on #SCOTUS case over #patent venue shopping," one firm wrote about this. "Here's an easy breakdown, w/links..."

"Professor Mark Lemley is fantastic and he barely has a conflict of interest, so we hope that SCOTUS will weigh his views accordingly.""Without the Government Brief," Crouch noted, "Mark Lemley’s brief (on behalf of 61 professors) may be seen as the most influential. However, I would suggest that the brief loses some amount of its “law professor” credibility by being so one-sided in its statutory construction."

Professor Mark Lemley is fantastic and he barely has a conflict of interest, so we hope that SCOTUS will weigh his views accordingly. Here is the EFF writing about its own submission:

Supreme Court Must End Texas’ Grip on Patent Cases, Restore Fairness in Court Selection

Washington, D.C.—The Electronic Frontier Foundation (EFF) urged the Supreme Court to overturn a court decision that tilted the scales in favor of patent trolls by making it easier for them to venue shop and file lawsuits in certain courts.

Venue shopping, also called forum shopping, is an insidious practice whereby parties to a lawsuit look for courts with procedures favorable to their cases. Unfortunately, some courts have engaged in an even more insidious practice known as forum selling by actively encouraging patent lawsuits in their districts. For example, a court might adopt plaintiff-friendly procedures and policies that undermine the rights of defendants.

One such court is the Eastern District of Texas, a rural area with almost no manufacturing, research, or technology facilities, where more than one-third of all patent cases in the country were filed last year. That proportion is no accident: patent litigants flock to Texas because the court has put in place a host of procedures that make it difficult for defendants to terminate meritless cases early, while also speeding up the time it takes for cases to go to trial.


Matt Levy has not yet had much to say about it (the submissions, not the subject as a whole), but he wrote this:

Patent Reform Is Back on Congress’ Agenda



Here’s some good news from the House of Representatives.


Levy cites this: "Goodlatte Announces Agenda for 115th Congress" (Judiciary of the White House).

To quote: "We’ll also work on reforms to discourage abusive patent litigation and keep U.S. patent laws up to date. Collectively, these reforms will help alleviate the wasteful burden of unnecessarily expensive litigation costs, thereby freeing small businesses to flourish, unleash innovation, and create new jobs for Americans."

"We have always been courteous and polite towards Michelle Lee. She did a good job."So even after the election of Trump there seems to be will to sort things out. That's an encouraging sign.

Watchtroll, in the mean time, having attacked the Director of the USPTO, "is [still] trying to drum up controversy over the possibility that she might remain," according to Mike Masnick. We are gratified to see that other people have noticed this too.

Watchtroll, which is currently attacking Director Lee (Watchtroll authors have attacked Lee a lot, at least 4 times in just a fortnight [1, 2, 3, 4]), has become an embarrassment to the patent microcosm. It is very much eager to show its true colours and by extension this serves to alienate the Judiciary, the Office, etc. We have always been courteous and polite towards Michelle Lee. She did a good job. Also see Matt Levy's good words to Lee. Now contrast this with what Masnick wrote:

I recognize that many (especially regular Techdirt readers) will assume from the title above that the question is a rhetorical one in response to the latest craziness around a stupid trademark or awful patent. But, no, we mean that literally. You see, right before the Trump inauguration, it was widely reported that Michelle Lee would stay on as the Director of the US Patent and Trademark Office. That was undeniably good news. For all the complaints we have about the USPTO, Lee has done a fairly amazing job running that office, and seems to be one of the first Patent Office directors who actually understands how patents can do serious harm to innovation. Keeping her on would be a really good sign. After seeing the stories claiming that she was staying, we'd mostly moved on. However, Politico reporter Nancy Scola sent me down something of a rabbit hole after tweeting that it's basically impossible to know who's in charge of the Patent Office right now.

[...]

As for the PTO's own website, Quinn rightly points out that its leadership page still lists out a number of other individuals who have announced resignations and are no longer there, but whose profiles are still on the website. The Commerce Department seems to be refusing to comment to anyone who asks (I've sent in my own question) and it's quite unclear if Michelle Lee really is the director.

If you look through the fairly long list of articles by Quinn on the subject, it's quite clear that he (as someone who is not a fan of Lee) is hoping that she's been pushed out, and is trying to drum up controversy over the possibility that she might remain. But the lack of any clarity from anyone... is bizarre. Quinn's most recent post on the subject notes that while no one seems willing to say who's running things, Lee "continues to be seen" in the building. That would certainly support the theory that she's staying.


We suppose that sooner or later, maybe within a number of weeks, Lee's position will be confirmed, the Web site will be updated, and Lee will continue to make the patent system "Great Again", rather than make litigation and/or trolls "Great Again".

Recent Techrights' Posts

Microsoft: Work Weekends Too
Microsoft literally working its workers to death
Stallman Has Explained Slop is "Marketing Hype Campaign" and Torvalds Agreed. The Difference is the Bribes.
So be like Stallman
SLAPP Censorship - Part 167 Out of 200: The Court of Appeal Might be the Next Step
Today is our last vacation day
 
PIPocalypse at IBM
Silent layoffs
Spending Over a Million Bucks on Lawsuits Abroad When There's a Big Mortgage to Pay in America
Priorities, priorities...
Gemini Links 31/08/2026: Announcing ROOPHLOCH 2026, smol.pub Discussion, and LLM Plagiarism Engines Target Geminispace
Links for the day
Richard Stallman's GNU Turns 43 in 4 Weeks, FSF Growing
In a few weeks GNU turns 43
IBM's Cuts Are Worsening Security in GNU/Linux
IBM is still run by the same idiot who proposed taking over Red Hat
Links 31/08/2026: Anthropic Sued Again for Copyright Infringement of Massive Scale, 'Tokenmaxxing' Shows Slop is a Worthless Liability
Links for the day
Links 31/08/2026: "Teslas Are Still Driving Into Oncoming Freight Trains" and "LLM Moats Quickly Evaporating"
Links for the day
Debian Project Discards About 25% of the Votes on LLM Slop, Microsoft Votes in the General Resolution (GR)
"[t]he rules of the vote saw community members asked to rank each of the eight proposals. Just under 600 people voted, but Debian’s election team rejected many for unspecified reasons, leaving almost 450 valid votes to count."
Essentiality of Rest and Killing Oneself for Vicious Companies
Working for Microsoft is foolish
In the UK, Bing (Microsoft) Down to Lowest Level Since January
our tax money being passed to Microsoft via MoUs (back door deals with kickbacks)
German Government Sponsors IBM Because of GNU/Linux
Flatpak is sponsored by, run, and controlled by IBM
Richard Stallman Speaks to Christine Hall of FOSS Force, stallman.org is Down for Over a Day
interview does a good job addressing the hype about LLMs too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 30, 2026
IRC logs for Sunday, August 30, 2026
Gemini Links 31/08/2026: Holidays, Stream of Consciousness, and Posting Online
Links for the day
Anniversaries Next Month
The month should be otherwise quiet and uneventful for us
Coding is Not Obsolete
we drown ourselves in chaff to meet "LOC" objectives while ignoring everything else
Microsoft Layoffs Perpetual But Silent, People Pushed Out Using Pressure or Incentive Schemes
Earlier this month we named some of the programs
Links 30/08/2026: Apple Rant and LLM (Slop) Scrapers Target Gemini Protocol and Gopher
Links for the day
Salaries Are Counted in Money, Not in Participation in the Employer's Scheme
articles greatly exaggerating GAFAM salaries
Walls in Free Software
mind your own business and move on
Even Linux Cannot Cope With Slop
Bots on the Web are truly obnoxious
What a Summer!
Tomorrow is the last day of this month
Links 30/08/2026: Soldiers in Niger Attack Presidential Palace and Airport, Nepali City Struggles to Handle the Many Dead Bodies
Links for the day
Clownflare Sees GNU/Linux Rising to 11% This Past Week
Is it the year of "Linux in China"?
Links 30/08/2026: Russian Strike on a Ukrainian Warehouse and Rhetoric Escalations
Links for the day
Gemini Links 30/08/2026: Photography, Paper Books, Linux Kernel and the Debian Projects Permitting Slop Plagiarism
Links for the day
Imagine a World Where Nobody Fights for Software (and Computing) Freedom
The community keeps fighting back, so some of these ambitions are delayed or watered down
FSF Has Grown (More Staff) After a Year of Financial Growth
On October 4 the FSF turns 41
GNU/Linux Has Become More Mainstream in the United Kingdom
It's a long weekend here and we guess some people dabble in GNU/Linux migrations, at least at home
SLAPP Censorship - Part 166 Out of 200: Garrett Wasn't Found Innocent Per Se, the Court Wanted More Evidence of Who Was Behind Particular Accounts Using Tor
It's complicated
Criminals Don't Obey Laws, California Does Not Enhance Online Safety
It has been a while since we last mentioned so-called 'age-verification' laws
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 29, 2026
IRC logs for Saturday, August 29, 2026
Links 29/08/2026: Stop the Hate, Goldfish Myths, and xmpp.nz
Links for the day
Links 29/08/2026: Wave of Social Control Media Bans, Suno Data Breach Class Actions
Links for the day
Links 29/08/2026: Microsoft GitHub Outage (Again), "Displaying Ads Directly on Your Monitor", and "Election Deniers Could Soon Control Elections"
Links for the day
IBM is "Taking the PIP" (Piss), People 'Retire' 'Voluntarily' to "Focus on Family"
IBM has a billion bucks for 'the butcher', but not a million dollars for critical projects and initiatives in Free software
It Should be Uncontroversial to Say That Social Control Media is a Weapon
Democracy is not compatible with the likes of Kapo-Berg and MElon controlling public discourse of billions
Misuse of Bots (Now Sold as "Agents", "Hey Hi", "Automation", and "Efficiency")
They even try to rebrand robotics as "hey hi" and try to sell slop as "work"
Debian: Plagiarism OK, Just be "Responsible" About It
The result isn't the worst, but it's not good either
Don't Let Them Kill Activism
Are the oligarchs shutting the lid on activism and whistleblowers?
SLAPP Censorship - Part 165 Out of 200: Two Years Since My Wife and I Sued
In early September 2024 we hit back
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 28, 2026
IRC logs for Friday, August 28, 2026
Gemini Links 29/08/2026: Death Notice, Systems Biology, and Gopher
Links for the day