Bonum Certa Men Certa

US Patent Trolls Are Leaving and the Eastern District of Texas Sees Patent Cases Falling by More Than Half

Summary: The decline of patent aggression in the US and the patent microcosm's response to Justices, having ruled in TC Heartland, curtailing patent trolls

THE world is changing for the better when it comes to patents. Sure, the European Patent Office (EPO) is in trouble as patent scope is out of control there, but in the US things are improving. The EPO's friends at IP Europe wrote/quoted: “Development of innovative new standards jeopardised by #IEEE patent policy”

We wrote about IEEE the other day, specifically in relation to this article. This is a lie. IP Europe knows that it's a lie. But it's paid to lobby for patent extremists such as Microsoft. The IEEE is US-based and it's possibly leaning towards liberal policies. That may mean no patent tax on standards.

In various other ways the US improving. Patent trolls seem to be on their way out. We have not heard of Erich Spangenberg for a while (he nearly disappeared). He is one of the most disgusting patent trolls of all. He had blackmailed over a thousand (maybe thousands) of firms using what later turned out to be an invalid patent and now, according to IAM, he is "back buying in the US". To quote:

IPNav founder and renowned [sic] patent monetiser [sic] Erich Spangenberg is back buying US assets. According to an 18th September notice on the USPTO patent assignment database an entity called Page Innovations LLC acquired a single patent from inventor Justin Page relating to identity theft protection. In the assignment cover sheet Spangenberg is listed as the manager of Page Innovations. The details of the assignment were first reported in an RPX weekly email.


We have been writing about RPX for nearly a decade. We'll come back to RPX in a moment.

The biggest news on the patent front was reported by Joe Mullin several days ago. It's extremely pleasing to see that the US Supreme Court has managed to eject many patent trolls out of Texas. Here are some numbers:

New lawsuits are down—way down—in the mostly rural district that was once the national hotspot for patent disputes.

For several years, the Eastern District of Texas hosted more patent lawsuits than any other judicial district in the country. Last year, East Texas saw more patent lawsuits filed than the next four judicial districts combined. But in May, the Supreme Court sharply limited where patent owners can choose to file their lawsuits, in a case called TC Heartland. That's leading to a sharp change in the geography of patent litigation.

[...]

The trend seems likely to continue, given a recent case called In re: Cray Inc., in which an appeals court clarified how TC Heartland must be applied. In that case, a federal judge ruled that a case against supercomputer manufacturer Cray could be kept in East Texas because the company employed a single work-from-home employee in the district. The top patent appeals court sharply disagreed, though, and overturned that decision, forcing the Cray case out of East Texas.

"The patterns we're seeing are changing dramatically, and the double-digit dominance of East Texas is gone," said Brian Howard, Lex Machina's data scientist, in an interview with Ars.



United for Patent Reform‏ said: "Since #TCHeartland #patenttroll filings in #EDTX have dropped from 50% to 26%..."

This is based on Lex Machina.

Here is RPX's take on some of the latest figures: "Patent law faces continued uncertainty in all three branches of government. The Supreme Court’s TC Heartland decision in May likely precipitated a dip in new patent litigation that carried unevenly through the third quarter. While litigation remains slow overall, plaintiffs have begun to test the bounds of TC Heartland by bringing novel venue arguments in the Eastern District of Texas and by charting new courses in Delaware, California, and Illinois. On the other hand, the tables could turn: the Court granted certiorari in Oil States in June, casting the continued existence of inter partes review (IPR) into doubt. Though most commentators discount petitioner Oil States’s likelihood of success, even the slightest potential for victory is a ray of hope for patent owners."

On the Federal Circuit reaffirming all this, here is another belated take (we wrote about this before):

Until the U.S. Supreme Court’s May 22, 2017 ruling in TC Heartland v. Kraft Foods, the Court of Appeals for the Federal Circuit and the United States district courts had interpreted the patent venue statute, 28 U.S.C. €§1400(b), to allow plaintiffs to bring a patent infringement case against a domestic corporation in any district court where there is personal jurisdiction over that corporate defendant. The Supreme Court’s TC Heartland ruling, however, clarified that personal jurisdiction alone does not convey venue for patent cases under the patent venue statute. But that clarification led to confusion as to how to interpret the venue statute itself. The Federal Circuit just addressed that confusion in In re Cray Inc.



In re Cray was also an important decision because it helped highlight the sheer disregard for the law (and the Supreme Court) down in Texas. It is hopefully a lot clearer now (to more trolls) that there's nothing attractive about Texas. The figures speak for themselves.

Recent Techrights' Posts

Richard Stallman Gives Keynote Address in a Few Hours
Richard Stallman's personal site was updated to give more details
IBM Layoffs in 2025: Rumours Say Even Managers Will Get the Axe, Some Via Loopholes Like PIP and/or RTO (Preparations Already Underway)
Where does IBM's money go?
FOSDEM Talks Are Vanishing
They no longer seem to be taking money from Microsoft and/or its tentacles
How "Open Source" Became Microsoft (But It's Actually Proprietary, OSI is an Openwashing Front Group Now)
They're still trying to rewrite history, but it's harder when Richard Stallman (RMS) is alive
 
Slashdot is Once Again Publishing Lies and Revisionism for Bill Gates, Citing Microsoft's MSN to Rewrite History and Distract From the Jeffrey Epstein Crimes
Of course this also distracts
Too Big, Will Fail (How Linux Grew Way Too Fat)
Linux has very extensive hardware support, but that comes at a cost
Microsoft Relegated by Manchester United
No Microsoft
Gemini Links 27/01/2025: Mental Locomotion, Gemini Protocol Bots From China, and Domain-Specific Languages
Links for the day
Microsoft Still Hires Journalists to Reward Them (Belated Payment) for Microsoft Propaganda
The PR/lying pipeline
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 26, 2025
IRC logs for Sunday, January 26, 2025
Links 26/01/2025: Privacy Breaches and Growing Nationalism
Links for the day
The UK's Press Gazette Has No Credibility Anymore, It Celebrates Plagiarism and Cheap Misinformation (This Ruins Linux Sites Too)
They encourage a form of plagiarism and that even ruins "Linux" sites
Journalistic Malpractice Helps Bill Gates Cover Up His Marriage Collapsing Because of His Very Deep Ties to Jeffrey Epstein (and It's Melinda Who Dumped Him, Divorce Proceedings Started by Her in 2019)
you can alter narratives and perceptions worldwide
The Linux Foundation's Certificate Authority (CA) Let's Encrypt Hits New Lows in Geminispace
13 known capsules still use it
Links 26/01/2025: Chatbot Woes and UnitedHealth Data Breach (Windows TCO)
Links for the day
Gemini Links 26/01/2025: The Postman and More
Links for the day
Links 26/01/2025: Fentanylware (TikTok) Turns to Hype/Pyramid Scheme, Insurers Failed to Comply With Federal Law
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 25, 2025
IRC logs for Saturday, January 25, 2025
Gemini Links 25/01/2025: Plaintext Weblog Posts and Software Development
Links for the day
More Details Emerge About Upcoming Long-Rumoured Layoffs at IBM
Without leadership there's no coordination
Links 25/01/2025: Microsoft Chaffbot Offline and Advocacy/Dissent in China Muzzled
Links for the day
Frequent Flyers of the 'Lolita Express' (Where Screwing Underage Girls is Big Business)
In the words of Bill's wife and mother of his 3 children
Microsoft-Sponsored Inauguration as a Reminder to Boycott Microsoft
If you do not support what's happening politically right now in the US, then stop giving money (or anything else) to Microsoft
Fund-Raising for Initiative Introducing Teens to Free Software Instead of Junk Like Bytedance's TikTok
A crowdfunding campaign coming soon
Bringing Down or Taking Down an Innocent Man is Difficult
One positive thing about all this is that we've come to witness (and meticulously document) how social control media works for the mob
Plagiarism at LinuxSecurity.com, Piggybacking Other People's Hard Work and Googlebombing "Linux"
They are googlebombing Google, and worse yet, they leverage bots to do this
Gemini Links 25/01/2025: Pictographs, Non-voters, and Frustrations
Links for the day
Links 25/01/2025: Microsoft Already Shutting Down Its UK "Experience Centre", "AI Deal" Linked to Atrocities
Links for the day
Red Hat is Required to Promote Microsoft's Proprietary Stuff and Even Produce Puff Pieces (Mindless Fluff) About It
Notice the aspect of bribed "media" or "news" or "press coverage" (pay-to-say)
The Limits of Freedom
This is generally not a new problem
The Fall of Corporate Media Controlled by Oligarchs Who Boost (or Are Compelled to Boost) Reckless Lies About the Poor While Normalising Rich People's Crimes
No wonder they have layoffs
IBM Layoffs (or Replacement With Low-Cost Labourers) Far Greater Than Reported by IBM
they serve to confirm what we've long said not only in relation to IBM but also Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 24, 2025
IRC logs for Friday, January 24, 2025