Bonum Certa Men Certa

Patent Trolls Based in East Texas Are Affected Very Critically by TC Heartland

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

Argument analysis: Justices hear horror stories about venue for patent litigation
Reference: Argument analysis: Justices hear horror stories about venue for patent litigation



Summary: The latest situation in Texas (United States District Court for the Eastern District of Texas in particular), which according to new analyses is the target of legal scrutiny for the 'loopholes' it provided to patent trolls in search of easy legal battles

According to Lex Machina, which is an invaluable service as we said yesterday, there may be a massive patent troll in the making. Several days ago the patent trolls' lobby said that Alan Loudermilk is behind the entity named 511 Technologies, based in Marshall, Texas (where many of the trolls reside). It's not actually a company, even if it has the word "Technologies" in its name (we recently wrote about other trolls that do this). Loudermilk, who founded this troll, has since then created what looks like another troll, Ginocchio Properties LLC, based in the same place. Will TC Heartland help squash these? We certainly hope so, but in the meantime, we have this to worry about:



Among the segments Maxell no longer operates in is magnetic tape cartridges. Once one of the most recognisable products under the Maxell brand, the company shuttered the division in 2014. That decision left only Fujifilm and Sony competing in the market, and according to USPTO assignments records from September, it is the former company that has benefitted patent-wise from its erstwhile rival's withdrawal. Maxell transferred 53 US patents related to magnetic tapes to Fujifilm in two separate assignments on 1st September. Notably, Fujifilm is locked in a litigation fight with Sony over that same technology. As this blog detailed last week, the two sides are currently contesting an ITC investigation that could have huge implications for the availability of SEP injunctions in that venue going forward.

[...]

Loudermilk’s most recent venture is 511 Technologies, Inc, which filed 11 patent suits over the past two years against companies including Huawei, Qualcomm and Microsoft, all of which have resulted in either a voluntary or stipulated dismissal, according to Lex Machina. Previously, he was CEO of Solid State Storage Solutions, Inc, which acquired a portfolio of patents from Japan’s Renesas and asserted them against eight companies in 2011 and 2012 before transferring a portion of them to Acacia two years ago.


We wrote a lot about Acacia over the years. It is connected to Microsoft and it has repeatedly attacked GNU/Linux, which makes this troll particularly interesting to us. Another firm of interest is Rovi, which is connected to another Microsoft patent troll, Intellectual Ventures. According to news from four days ago, the ITC was called to potentially ban products. "Rovi asked the ITC to investigate the importation of certain digital video receivers and hardware and software components that use the inventions claimed in its patents," said the report. "Both complaints were filed by Rovi right before it agreed to acquire TiVo..."

Going back to Texas, there are serious and perfectly relevant questions about its fate (and the fate of patent trolls that are based/stationed there, at least on paper). "Texas law of unfair competition by misappropriation improperly extends to offer patent and copyright protections," Patently-O said a few days ago. This could get serious because it deviates from the national law:

On the patent side, the court cited to Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 489 U.S. 141 (1989) statements that state laws that offer “substantially similar” protections are preempted by federal patent law and thus not enforceable.

As with copyright law, the appellate panel here suggested that torts that require “deceit” or “improper means” will be acceptable, but laws that focus simply on protecting the investment in product development and marketing will be preempted.


Of even greater interest, however, is TC Heartland, which is only months old and has already caused a collapse in litigation at Texas. The US will certainly be tougher on patent trolls after TC Heartland got told off at the highest level. This positive development (which is good for US technology companies) was mentioned by Dennis Crouch a few days ago when he said:

Regardless of this technicality, the rule appears now that district courts should be considering and granting improper venue decisions moving forward.


"Federal Circuit says TC Heartland changed the law," heralded another site of patent maximalists. The USPTO refuses to tackle patent trolls (no financial incentive to do so), but judges certainly will take on the issue and it's pleasing to see. Quoting Managing IP:

The Federal Circuit has granted Micron’s mandamus petition stating: “We conclude that TC Heartland changed the controlling law in the relevant sense: at the time of the initial motion to dismiss, before the Court decided TC Heartland, the venue defense … based on TC Heartland’s interpretation of the venue statute was not ‘available’”


Obviously it's all known and visible to patent trolls, who prefer to maintain a low profile and extort/blackmail companies behind the scenes (avoiding challenge from judges like the above). Whether trolls get eradicated by a series of rulings depends on Congressional action (or inaction) too. That's where lobbying comes into play. We'll deal with that in our next post.

Recent Techrights' Posts

Finland Needs to Dump Microsoft (Microslop) for National Security Reasons and the Same is True for Hundreds of Countries
"I don't see why Ryssäs would want Finns to use microslop products..."
Fight Til the End
This comes to show that persistence pays off
SLAPP Censorship - Part 79 Out of 200: They Will Soon Reach the 100 KG (Kilograms) Milestone; Wheelbarrows, Not Justice (Quantity of Legal Papers Sent to Us)
It's about the quality, not quantity (unless your sole aim is to drown out or "flood the zone")
 
"The Society of Media Lawyers" (UK) is a Truly Malicious Anti-Media Lobby Which Helps Rich/Abusive Americans and Hostile Countries Attack Actual Media Workers in the UK
They typically source their money from aboard to besiege domestic actors (like honest journalists or independent outlets that document suppressed beats/topics)
Slop Still Waning, Its Momentum is Driven by Companies That Stand to Lose a Lot (or Everything) When the Bubble Pops
When it comes to LLM slop disguised as news, it's just not working out
Gemini Links 17/05/2026: arXiv Brings Down the Hammer, UnderPOWERed, and Slopping With Tcl/Tk
Links for the day
Links 17/05/2026: Amazon Employees Herded Into Slop, Taiwan Sold Down the River by Cheeto
Links for the day
Links 17/05/2026: Society of Media Lawyers (Brett Wilson LLP et al) Lobby for More SLAPPs in the UK, “Courage in Journalism Award” Given in Oppressive Country
Links for the day
Cyber Show UK is Already Available Over Gemini Protocol
This past week the total number of active Gemini capsules hit all-time records several times
The Corrupt Lecture the Non-Corrupt - Part XXV - Not Bringing Intelligence to the EPO, Not 'Artificial Intelligence' Either (But Intelligence-Eroding Drugs)
The EPO was meant to be about science and law. In practice, however, it's about breaking the law and being stoned.
The Cyber Show on Why Coding is Important and Slop Cannot Change or Replace That
Hand-crafting one's site has plenty of advantages
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 16, 2026
IRC logs for Saturday, May 16, 2026
Gemini Links 17/05/2026: Music Theory, Reticulum Git Repos, and Releasing Kiln
Links for the day
Links 16/05/2026: Cuba Plunges Into Darkness (Energy Wasted by Nonsense), Googlebooks as Slop Nonsense (Energy Waste and Time Wasted)
Links for the day
Links 16/05/2026: Climate Issues, Free Speech, and Monopolies/Monopsonies
Links for the day
Gemini Links 16/05/2026: Retreat and Devuan Manuals
Links for the day
SLAPP Censorship - Part 78 Out of 200: Slandering Me for Saying the Truth About Graveley and Garrett's Abuse of Processes, Stacking Dockets
These are the sorts of things British taxpayers ought to talk about
"AI" Became a New Name or Placeholder for Debt
Because they will only ever lose money for this thing with "tokens" or "potential"
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding
The Corrupt Lecture the Non-Corrupt - Part XXIV - Luis Berenguer Giménez at the EPO (European Patent Office) Became the Punchline of EPO Staff
"the fact that Luis was caught with cocaine causes laughter. The use of cocaine in itself is not the real shocking bit."
IBM Keeps Culling Essential Linux, Fedora, GNOME, and GTK Staff
Over a month ago IBM laid off over 400 Red Hat engineers
Cisco Cuts Nearly 4,000 Jobs Because of Debt, Nothing to Do With Slop
The media keeps talking about revenue, not profits
Gemini Links 15/05/2026: UDP Game Forwarding Over SSH, Avoiding LLMs, and Alhena 5.5.9
Links for the day
Links 15/05/2026: Electric Company Shuns Entire Town to Prioritise Only Data Centres, Saudi Arabia and U.A.E. Carried Out Secret Attacks in Iran
Links for the day
LLM Slop is Not Reliable, Constitutes No Process of 'Thinking'; There's No Thought Process at All, No Grasp or Understanding, Let Alone Context
Lies have become the "business model" [...] More people ought to talk about it and explain to other people what LLMs really are
Not a Security Expert If You Cannot Manage to Keep Online a Simple Two-User Mastodon Instance Somebody Else Built
From uptime of ~99% to maybe 80%
Microsoft Has All the Symptoms of a Dying Company (Mass Layoffs of the People Who Built the Company)
the company's debt is going through the ceiling
Focus is Important, Focus is Everything
We are still running 6 multi-part series in tandem
For Effective 'Finlandisation' (Not Digital Sovereignty) to Be Replaced by Autonomy Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
Guest Post on False Marketing and PR Blitzes by Anthropic
A lot of people my age are just tired of the nonsense
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026