Bonum Certa Men Certa

Cheating the US Patent System is a Lot Harder After TC Heartland

Some gambling dice



Summary: Some new examples of tricks (and sometimes cheats) attempted by patent claimants and their representatives; it does not go as well as they hoped

THE level of mischief at the USPTO is occasionally noted here; it's typically about law firms and patent trolls who are attempting to game the system.



Over the past week we have gathered numerous new examples. We don't mean to bash the USPTO (we are actually very encouraged to see its improvements in recent years) but merely to take stock of areas of improvement for the patent system (including courts and law firms).

TC Heartland or another case of Cray are often mentioned in relation to venue shifting or forum shopping or whatever one calls it (it's about filing one's patent lawsuit in a district which is perceived to be plaintiff-friendly, troll-friendly, or friendly towards particular types of patents).

Many lawyers are patently just liars (what they're paid for) and would lie about where businesses are based. Some days ago we saw this docket report about a case in which claimed "damages" are insubstantial:

The court denied plaintiff's motion for a preliminary injunction to preclude the sales of the accused fracking system because plaintiff failed to establish irreparable harm through loss of market share or reputation.


More interesting, however, was this docket report. It's a case in which venue shifting is attempted. "The court granted defendant's alternative motion to transfer for improper venue because defendant did not have a regular and established place of business through its provision of equipment to customers in the district," it says. Rightly so. Is this another TC Heartland-type case (only at a far lower court)?

A story which received a lot more attention concerned the filing date and this docket report explained it as follows:

The court granted defendant's motion to dismiss all but three of plaintiff's patent infringement claims for claim preclusion, including claims for a patent that issued after the filing date of the parties' earlier lawsuit.


Another failed attempt to cheat the patent system and assert patents which were not even granted (yet)? Mr. Hricik, which covers ethical issues in patent law, wrote about it as well:

Normally, claim preclusion only bars later assertion of a claim only if (a) the plaintiff could have brought that claim when it filed an earlier suit and (b) the later-asserted claim is the “same” as a claim in the first case (courts take different approaches to how closely related the later claim must be to the first, but the federal rule is to look at whether the later-asserted claim arises out of the same operative facts as the earlier claim). So, normally, if a patent issues to the plaintiff after the first suit is filed, claim preclusion wouldn’t apply because of the first step: you can’t sue for infringement until the patent issues (with the narrow exception of seeking “provisional damages” for infringement under Section 154).


Hricik previously wrote about patent 'scams' wherein one party used non-existent patents to bully someone else. Trolls tend to do so too; sometimes, there's a similar issue pertaining to assignment (parties claiming to 'own' patents which they don't). One new example was covered a short while ago by Sean D. Damon (Finnegan) and also by Watchtroll.

Any time law firms pull dirty tricks such as these they merely discredit the very system they rely on. It's a form of mockery, not just misuse. They ought to collectively refrain from doing that because they spit in the very well they drink from.

Recent Techrights' Posts

Estimates of Microsoft Layoffs: 3,000 Staff to be Culled Just in Gaming, How Many in Other Divisions?
Now the XBox division has its own "fall guy", but it is a woman
Straw Man Arguments Against Rust
If anything, it teaches the importance of auditing packages
Tesla Debt Rose Sharply, Sales Declined, Wall Street's Claim of Tesla "Value" is Merely a Fairytale (and Not Just Tesla)
We would gladly sell land on Mars to anyone who honestly believes a company that loses money is somehow "worth" trillions in Wall Street
Stop Calling Losses "Investment"
XBox is losing money, it is a sinkhole
For Justice We Need More Speech, Not Less Speech
When you attack something you are just giving that something a bigger platform
SLAPP Censorship - Part 107 Out of 200: Keeping Law Accessible to Everybody
We'll have stories related to this in the future
Links 15/06/2026: Slop "Beg Bounties", Wall Street Fakes 'Worth', and Arkansans Saved PBS
Links for the day
Gemini Links 15/06/2026: Dating Oaks, Simulation, and Theremin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 14, 2026
IRC logs for Sunday, June 14, 2026
Links 14/06/2026: Energy Cost and Reality Strikes at Heart of Slop Bubble, 75 Data Center Build-outs "Successfully Blocked"
Links for the day
Microsoft CEO Says XBox is Not a Sustainable Business
"Now, we have to turn this into a sustainable business," he said about XBox
MElon (MUSK, Elon) is a Trillionaire Like Penguins Are Mammals
Have media outlets told the truth?
Unlikely Heroes
One personal hero who is not alive (anymore) is Navalny
Bruce Schneier Was Probably Wrong About Slop
Right now politicians who openly speak in favour of slop are committing "political suicide"
SLAPP Censorship - Part 106 Out of 200: 100 Kilograms of Legal Papers
When one party's communications and filings weigh at about 3 KG of paper and another's... at about 100 KG of paper
Links 14/06/2026: More Google Layoffs, Wall Street Deems Companies That Lose Money "Worth" Trillions
Links for the day
Gemini Links 14/06/2026: "The Universe is a Hologram", "Matrix Brain Download", and "Happy 0th Year"
Links for the day
European Patent Office (EPO) Series: Battistelli's "Baltic Crusader"
Gilles Requena, Battistelli's erstwhile "Baltic Crusader" and the loyal servant of his successor Campinos
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 13, 2026
IRC logs for Saturday, June 13, 2026
Links 13/06/2026: University of Nottingham Confirms Data/System Breach, Courts Fuming at Fraudulent Lawyers Who Fling LLM Slop at Them
Links for the day
Gemini Links 13/06/2026: World Cups and 做人
Links for the day
Microsoft's XBox "Bloodbath" Seems to Have Already Begun (Informally), Studios Allegedly to Face Shutdowns, Layoff Notices Handed Out, 100% Layoffs in Some Cases, 10% in Others or on Average
So is a complete closure/shutdown imminent? (Compulsion Games in this case)
Discussing Morale at IBM and Conversations Regarding IBM Layoffs (Disguised as Other Things)
Trolling can be a form of censorship
European Patent Office (EPO) Series: All the President's Men
Gilles Requena,Patrice Pellegrino, and Sandro Mendonça
SUEPO Elections Coming Up, Union Leaders at Europe's Second-Largest Institution (EPO) to be Determined Soon
The staff union of the European Patent Office (SUEPO) is having an election soon
SLAPP Censorship - Part 105 Out of 200: When Bad Legal Advice Results in Your Client, Dale Vince, Ordered to Pay £600k - or 801,930 United States Dollar (USD) - to the Person Frivolously Sued (Lord Bailey of Paddington)
"A judge has ruled that Dale Vince must pay punitive costs to Lord Bailey of Paddington, the Tory peer, over the 'unexplained abandonment' of his" SLAPP
How Long for Can American Taxpayers Justify Bailing Out Microsoft?
How many times need the American taxpayers give Microsoft money for vapourware that's neither necessary nor delivered?
IBM is Importing/Exporting Corporations' Regime of Censorship (Hiding the Wrongdoing) to Free Software Communities
Is IBM protecting criminals in the name of "manners"?
Links 13/06/2026: Microsoft’s XBox Crisis and "Apple Deepfakes"
Links for the day
Gemini Links 13/06/2026: Why Humans Are Mostly Right Handed and "Getting Things Done"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 12, 2026
IRC logs for Friday, June 12, 2026