Bonum Certa Men Certa

Amid New Losses to Software Patents and to Patent Trolls, US Supreme Court Prepares to Deal Them Another Lethal Blow

The US Supreme Court (SCOTUS) is a patent rationalist, not maximalist

TC Heartland
Even the patent (meta-)industry anticipates the demise of trolls' modus operandi and attempts to sell "services" around that



Summary: With the TC Heartland decision (SCOTUS level) looming, patent trolls are already losing all their marbles -- including software patents -- and motions are being made to shift venue of litigation (outside of the Eastern District of Texas)

A HIGH-PROFILE CASE that was mentioned here before, on Friday to be exact, enabled us to see the world's largest patent troll losing a major test, which represented yet another big blow to software patents in the United States. CAFC has once again blown away several of them.



Days later we saw this report from Joe Mullin, who is very familiar with this patent troll. He wrote:

Intellectual Ventures boasts of having more than 30,000 patents—but you'd have to look for a long time to find one that can hold up under real scrutiny.

After staying quiescent for years, IV opened up a barrage of lawsuits to enforce its patents in 2010. But the companies that decided to stand up to IV rather than buckle under have been faring well, as judges have found the patents that IV has chosen to enforce in court less than impressive. It's a telling sign about the giant patent-holder's collection. Given the opportunity to pull just about any patent out of its huge collection, one would assume the company would choose the best of the lot. But much of it appears to be exactly the kind of easy handouts from the dot-com boom era that have been called out by critics of "patent trolls."

Earlier this week, Intellectual Ventures lost two more major patent cases at the nation's top patent court. It lost a case against Erie Indemnity Company and several other insurers, which had stood accused of infringing US Patent Nos. 6,510,434, 6,519,581, and 6,546,002. The same judges also tossed patents asserted against banking company Capital One. All were found invalid under the Supreme Court's Alice Corp. precedent, which barred many patents that describe basic business processes and add computer jargon.



Compare that to Wall Street media's coverage. How can one write about Intellectual Ventures without mentioning that it's a gigantic patent troll which makes nothing? Here is an important reminder of what this troll is: "Founded in 2000 by former Microsoft Corp. Chief Technology Officer Nathan Myrhvold, Intellectual Ventures has raised over $6 billion to purchase patents and owns around 70,000 intellectual property assets, according to its website. The company has 40,000 intellectual property assets in programs to grow revenue through licensing and related litigation."

"Not too shockingly, patents on software and even the most notorious patent trolls enjoy the support of some patent law firms; they have their 'fan' base out there."It's not a company, it's a troll (or a "firm" at best). It does nothing but harass real companies. Many of its patents are worthless but are used in bulk in order to lower defendants to their knees (raising the cost associated with defence and making settlement the cheaper option).

Not too shockingly, patents on software and even the most notorious patent trolls enjoy the support of some patent law firms; they have their 'fan' base out there. It's all about money to them; even when it's working directly against innovation.

Asserting that a patent is not valid (as above) is not an "attack" but a defense (by the defendant). Attackers are not the "survivors". But notice the language of liars -- those to whom invalidated patents (after they got used offensively) are "killed" and otherwise "survived".

To quote this new example: "Location Detector Patent Claims Survive an Alice/101 Attack by Uber: https://dlbjbjzgnk95t.cloudfront.net/0899000/899068/https-ecf-cand-uscourts-gov-doc1-035115212012.pdf"

"We are worried not just about software patents but also patent trolls, which typically but not always rely on software patents."The same person (an attorney who promotes software patents), linking to this post about Alice gaining momentum, basically chose selective emphasis. "In Thales Visionix Inc. v. United States," it says, "the Federal Circuit reversed a decision of the Court of Federal Claims that found claims drawn to an inertial tracking system patent-ineligible under Section 101."

This may sound like big news. It's about the F-35 Joint Strike Fighter. It also cites the Supreme Court’s Diamond v Diehr (classic case) and it's not the same case cited above. It was decided 3 days ago, on March 8th, and it was a lawsuit against a government and Elbit Systems, typically a military contractor. This decision is 11 pages long and it's not purely about software, hence the court found it unsuitable for invalidation by Section 101. Does that mean that software patents "survived"? Not in this case, as the case isn't inherently about software but about physics and sensors.

Moving on to a CBM review (business methods), Secure Axcess, LLC v PNC Bank N.A. got covered the other day and so was this case in Delaware, where the "federal jury found in 2014 that Sprint Communications Co. LP infringed three patents owned by Comcast IP Holdings I LLC. Sprint argued on appeal that the decision was based on incorrect claim constructions, but the Federal Circuit disagreed."

"The trolls' courts in EDTX might suffer an epic SCOTUS blow some time later this year."These cases do not constitute much of a "software" element, but nonetheless we take note of them, for several other reasons. We are worried not just about software patents but also patent trolls, which typically but not always rely on software patents. Professor Paul Janicke expects all those patent troll cases from Texas (the Eastern District’s docket, EDTX) to be scattered around to other districts across the country, based on this new article which he contributed to Patently-O. To quote: "When the Supreme Court reverses the Federal Circuit’s venue ruling in the TC Heartland case, a reversal widely expected, it will return patent venue to the time prior to 1988, when the residence of a corporation for patent venue purpose was limited to (i) a district within the state of incorporation, or (ii) a district where the corporation has a regular and established place of business and has allegedly committed an act of infringement. Presently pending in the Eastern District of Texas are 1,000+ patent cases."

The trolls' courts in EDTX might suffer an epic SCOTUS blow some time later this year. Such an outcome is widely expected, knowing the dispositions of the existing Justices. Even if belatedly, it's a much-needed ruling as there is this new article about present attempts to shift lawsuits out of the notorious docket. To quote: "A Federal Circuit decision faulting an Eastern District of Texas judge for refusing to transfer a patent case to California may provide guidance for defendants seeking to escape the patent hotspot, but attorneys say it will remain tough to win transfers out of the district."

"Well, share buybacks are almost always a negative sign and it will hardly be so shocking if RPX altogether implodes and gets liquidated some time after TC Heartland (if not before that)."That will likely change after TC Heartland -- a case that was covered here over the previous weekend. Trolls are already suffering a great deal and are increasingly collapsing, much to the patent microcosm's chagrin. Even RPX, which marketed itself as a shield against trolls (it's not really what it's advertising itself as), seems to have lost its purpose. RPX just keeps collapsing, based on sympathisers of trolls. To quote, "criticising its growth attempts, calling for Amster’s departure and querying what it alleged was excessive staff compensation. The two sides announced something of a truce last May with RPX agreeing to a $50 million share buyback programme and to the appointment of a Mangrove representative to the board. It’s not clear at what price Mangrove might be willing to consider an offer, although there’s no doubt that last year’s dispute continues to cast a shadow over RPX’s direction."

Well, share buybacks are almost always a negative sign and it will hardly be so shocking if RPX altogether implodes and gets liquidated some time after TC Heartland (if not before that). ⬆

Recent Techrights' Posts

Losses From Slop Are "Investment", Hundreds of Billions in Debt Are "Growth Opportunity", Layoffs Are "Great to See", and Loss of Business Means "We Need a Slowdown" (for "Safety")
Microsoft is removing staff, as investment is apparently the act of shrtinking
Brigading Against Women - Part XII - Toxic Masculinity, Hunting Women, Will Code for Sex
Who says things like these?
The Microsoft Lunduke Slop Problem
Microsoft Lunduke does not support Software Freedom; he serves to discredit many ideas championed by Free software or ideals articulated which are apolitical for the most part
CDMAG Covers Free Software, New Magazine From Decent People
If enough people accessed their site, they would not rely on social control media (third parties, censorship platforms)
Brigading Against Women - Part XI - An Abject Lack of Social Skills (and Not Knowing How to Handle Women)
GGG enjoy - if that's the right term - very bizarre or esoteric sex life
EPO Will Stop Working for 10 Days to Protest Against 'Cocaine King' and His Assault on Democracy, Lawfulness, Transfer of Power at EPO
Strikes, work stoppage, all rolled onto one
Techrights is International
There are many sites that focus on local communities or nations. We're not one of those sites.
 
Digital Independence in the UK and in Western Europe
We have the technical capacity and skilled personnel to achieve this
IBM's Anderon as a Mass Layoffs Ritual With a Bailout (From US Taxpayers to IBM) and Other Perks
Like those empty promises in the first term of the Cheeto dictator
Gemini Links 30/09/2026: David Bowie, Web Rendering Proxy, Ink and Letters, Gemlog Nostalgia
Links for the day
EPO Annual General Meeting (AGM) Will Speak of Financial State of the EPO's Union
Their work is needed because the EPO breaks the law
Rust Causes Upgrade Issues in Ubuntu
They could just keep GNU coreutils in place (nothing was broken about it) and avoid Microsoft's back doors and TPMs
Links 30/09/2026: "Understanding the LLM Bubble" and "Florida Senate Threatened Legal Action Against Newspapers"
Links for the day
It Looks Like Mass Layoffs at "Nordcloud, an IBM Company" Today (a Day Ahead of Red Hat)
Expect the same from Red Hat next
British Prime Minister Recognises Social Control Media as National Cohesion Problem
one has to wonder if addiction to social control media is not compatible with peace
The Future Isn't Social Control Media (Nothing Will be Left of It, Not Even Archives)
"Error code: 502 Bad Gateway"
GNU/Linux Usage in China is Increasing
China is leaving Microsoft and Windows behind
43 Years of GNU and GAFAM's (Especially Microsoft's) Attacks On It
GNU is very widely used (when people say "Linux commands" they typically mean "GNU programs"), hence it's being attacked a lot
Gemini Links 30/09/2026: Accelerationism, "The Billionaire is Wrong", Rant About LLM-generated Support E-mails
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 29, 2026
IRC logs for Tuesday, September 29, 2026
Black Brit on "Pictures Comparing Me to a Monkey" Because of Brett Wilson LLP Client
"Like Firm, Like Clients..."
President of the EPO Should be Kicked Out, Not Have His Term Terminated in 2028
The President is facing more scandals soon
David Gordon at The Register MS Keeps Feeding the Pyramid Scheme With Fake Articles That Say "AI" Dozens of Times
How can such a publisher still be taken seriously?
The Local Staff Committee The Hague (LSCTH) at the EPO Explains the Working Conditions and Crisis of Plunder (Less for Workers, a Lot More for Dictators Who Refuse to Leave Leadership Roles)
Next week will be epic
IBM Brings Avalanche to Red Hat October 1st 2026 (Thursday)
IBM is turning up the heat on staff
Links 29/09/2026: Mass Layoffs at Microsoft and Backlash Over Data Center Policy of Microsoft
Links for the day
5 Years Ago (September 29, 2021) Richard Stallman's Talk in Ukraine Noted
Let's hope the war will end soon
Links 29/09/2026: Acceleration, Morale, and ROOPHLOCH 2026
Links for the day
Links 29/09/2026: "Scam Altman Is Driving Drunk" and Anthropic Lies About Slop Usage
Links for the day
Brigading Against Women - Part X - When Actions of American Men Are Not Judged by Other American Men
"There is not the slightest suggestion that either Dr or Mrs Schestowitz did anything to invite or deserve it. They are both clearly and justifiably angered, dismayed, distressed and hurt by it."
European Patent Office (EPO) Series: A Source of Pride for Portugal?
In this part our focus returns to the main theme of this series, namely the current reappointment campaign of the EPO President, as we consider whether Campinos can still expect to enjoy the same level of support from the Portuguese political establishment as he did during the earlier stages of his career
Computers Freeze Because of UEFI Restricted Boot
damage is also done to computers running Windows
It is Very Expensive to Slow Down Techrights
Garrett's expensive hearing (costing the British taxpayers about 120,000 pounds; he doesn't live here and does not pay tax here) slowed us down for a few days, but we've picked up the pace since
Linux Has Conquered Mobile, But Desktops and Laptops Matter More
When people say the desktop "doesn't matter" they seem to be missing the point that workplaces use desktops (or laptops) and a lot of the work gets done not on skinnerboxes but "workstations" or terminals
Brigading Against Women - Part IX - "What Are You, a Racist?"
Because behind every strong man is a strong opinion?
Gemini Links 29/09/2026: "Digital Sabbath", Starting a GemCapsule, and Sterrenkijker 1.1.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 28, 2026
IRC logs for Monday, September 28, 2026
Brigading Against Women - Part VIII - Misogyny Embedded; Like Firm, Like Clients
It's about back doors
Chaos Imminent at Red Hat (This Week)
IBM is 'finishing the job' an ex-IBMer (Ron Hovsepian) did at Novell.
Microsoft Can PIP Workers (Silent Layoffs) Until Almost Nobody is Left
Microsoft is gradually vanishing
The Cyber Show Says Truth Always Requires a Fight, a Struggle
"Truth-tellers always face struggle and run risk"
Maladministration at the EPO as a Crisis for the EU and for Portugal's Image in Europe
Some time soon we'll publish a long article about what EPO leadership means to Portugal
3 Years of UK Hosting
We commend the webhost for standing firm in the face of misogyny
Tech Labeled "Smart" Does Not Make People Smart
People who insist on making everything digital are not advancing progress
Gemini Links 28/09/2026: Truncated Sleep, Plain Text, and Slop Problem Kept Out of Geminispace
Links for the day
Links 28/09/2026: "A Growing North Korea Problem" and Independent Journalism as a Lifeline
Links for the day
Links 28/09/2026: Microsoft Chatbot "Giving Extremely Specific Advice to a School Shooter on How to Maximize Casualties", ‘Suicidal Empathy’
Links for the day
Microsoft's Attacks on Courts in the Netherlands Result in GNU/Linux Growing to About 10% There
One core issue that justified this and led to this outcome is Microsoft's interference with the administration of justice
They Create the Conditions for People to Leave, This Way They Don't Call it "Layoffs"
We keep seeing many stories like these
Gemini Links 28/09/2026: Wildfire, DOS, and Backups
Links for the day
Brigading Against Women - Part VII - 'Trolling' Courts and Legal Systems in America and in the UK (Europe) Costs a Lot to Taxpayers
They only attend hearings after being arrested
European Patent Office (EPO) Series: The Portuguese Talent For Bureaucratic Empire Building
Portugal’s success in securing senior executive appointments at the EUIPO and the EPO is a notable example of how countries seek to strengthen their influence within European intergovernmental institutions
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 27, 2026
IRC logs for Sunday, September 27, 2026