Bonum Certa Men Certa

Patent Trolls Are Thwarted by Judges, But Patent Lawyers View Them as a 'Business' Opportunity

Law firms in various states hope that the demise of the Eastern District of Texas will mean more lawsuits where they are

USA map



Summary: Patent lawyers are salivating over the idea that trolls may be coming to their state/s; owing to courts and the Patent Trial and Appeal Board (PTAB) other trolls' software patents get invalidated

AS NOTED in the last post, patents granted by the USPTO are often passed to trolls sooner or later. The trolls would like to think of themselves as "monetisers", but all they really do is tax the economy. That does not help innovation or creativity; it merely crushes both. TC Heartland, a Supreme Court decision from about 9 months ago, continues to worry firms that profit from patent trolls and aggressors. One of them, writing in lawyers' media, expressed a common lawyers' concern that patent litigation is declining (true story), then expressing optimism about trolls coming 'home' to Georgia:

Is patent litigation coming home to Georgia? Last year the U.S. Supreme Court holding in TC Heartland v. Kraft Foods Grp. Brands significantly affected the law of venue jurisdiction under 28 U.S.C. €§ 1400(b) for patent infringement cases. One result was to shift new patent complaint filings away from federal district courts that had been perceived to be plaintiff-friendly, such as the Eastern District of Texas, as I recently wrote in the Daily Report. TC Heartland only clarified one of the tests for patent venue in €§ 1400(b), holding that the provision “where the defendant resides” is limited to only the district where the defendant is incorporated.

[...]

The year 2018 will likely bring resolution to some of these issues – and more patent litigation to Georgia. I believe we can expect at least one, but perhaps two precedential Federal Circuit decisions further clarifying “where” a defendant committed an act of infringement, with one or both relating to software method and pharmaceutical patent infringement.


Watch their glee. They want lots and lots of lawsuits. That's business to them. Never mind if the Eastern District of Texas was a cautionary tale and the Eastern District of Texas became synonymous with trolls, discouraging technical investment in the area (companies might think twice before opening a branch near there).

Georgia has some decent academic institutions (one very famous university, especially for its technical achievements), so we hope that Georgians will confront these legal opportunists.

Not too long ago in California Cloudflare spent a lot of time and money battling a patent troll. It took almost a year to win the case. SoylentNews mentioned that, as did TechDirt, writing about it with some background:

Last year, we wrote about how a relatively new patent trolling operation had pretty clearly picked the wrong target in suing internet infrastructure provider Cloudflare with a sketchy patent (US Patent 6,453,335 on "providing an internet third party data channel.") Cloudflare decided not only to fight the case, but to fight all of Blackbird's patents, crowdsourcing and funding searches into prior art on any patent held by Blackbird Technologies, and arguing that the company was engaging in questionable legal practices -- acting both as a patent holding company and a law firm, while sometimes pretending not to be a law firm (despite employing mostly lawyers) to avoid some serious ethics questions.


We certainly hope that ۤ 101 will carry on finishing off patent trolls. This was one such case. Ars Technica, which now lacks its main patent trolls expert (he moved to the EFF this month) wrote about it also. To quote:

A federal judge in San Francisco has unequivocally ruled against a non-practicing entity that had sued Cloudflare for patent infringement. The judicial order effectively ends the case that Blackbird—which Cloudflare had dubbed a "patent troll"—had brought against the well-known security firm and content delivery network.

"Abstract ideas are not patentable," US District Judge Vincent Chhabria wrote in a Monday order.


Abstract ideas are a subject we'll revisit this weekend.

Another patent troll which got mentioned the other day is Motivational Health Messaging. Unified Patents wrote about the status of the patent in question. The EFF's role has been mentioned too:

Unified is pleased to announce the PATROLL crowdsourcing contest winners, Rohit Sood and Devarajan Govindaswamy, who split a cash prize of $2000 for their prior art submissions for U.S. Patent 9,069,648. The EFF previously named the '648 patent as a 'Stupid Patent of the Month' noting that numerous small companies have been threatened with infringement allegations by Motivational Health Messaging, LLC (an NPE). To help the industry fight stupid patents, we have published the winning prior art below.


Another troll, Wordlogic, was mentioned by Unified Patents on the same day (lovers' day). To quote:

On February 14, 2018, the Patent Trial and Appeal Board (PTAB) instituted trial on all challenged claims in an IPR filed by Unified against U.S. Patent 7,681,124 owned and asserted by Wordlogic Corporation, an NPE. The '124 patent, directed to a user interface for predicting and presenting text completion candidates in response to a user’s partial text entry, has been asserted in multiple district court cases against such companies as Fleksy, Touchtype, Chicago Logic.


PTAB is great and we have plenty to write about it this weekend.

Recent Techrights' Posts

Microsoft GitHub: A Hair Salon Where You Get Awards for Nothing (NFT Vanity)
People aren't defined by some private (proprietary) database and Microsoft does not universally "score" developers
On Character Assassination Tactics
The people who leverage these dirty politics typically champion projection tactics
 
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Southern Asia is All Android (Majority) Now
It's looking better (almost) every month
Windows Already Down to 1% "Market Share" in Some Countries
it is a dying breed
Tesla Has Become a Ponzi Scheme or a 'Meme Stock'
They tell us Tesla is "worth" almost twice as much as a company that sold about 30 times more cars
For People at Red Hat "Job is at Risk"
Red Hat is consulting some notorious firms to implement cuts
Linux.com Became Mostly Dead, de Facto Marketing Site of "Linux" Foundation Products (Unrelated to Linux)
what has happened to the authoritative domain Linux.com
In Europe, Android is Bigger Than Windows (Android Now Measured at 45.1% Worldwide)
Right now in statCounter...
Links 06/05/2024: Al Jazeera Raided, Wildfire Season Coming
Links for the day
Links 06/05/2024: Scams and Politics
Links for the day
Gemini Links 06/05/2024: Reading and Computers
Links for the day
United States Entering the $100 Trillion Debt Trap, We Compare GAFAM Debt
Google's debt is about 6 times less than Amazon's
GitLab's Losses Grew From $172,311,000 to $424,174,000 Per Annum
Letting this company have control over your (or your company's) development/code forge may cost you a lot in the future
statCounter's Latest: Android Bouncing to New All-Time Highs, Windows Down to Unprecedented Lows
Android rising
Can't Bear the Thought We're Happy and Productive
If someone is now harassing online friends, attacking the wife, attacking my family (not just attacking and defaming people I know online) there are legal ramifications
IRC Proceedings: Sunday, May 05, 2024
IRC logs for Sunday, May 05, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Erinn Clark & Debian: Justice or another Open Source vendetta?
Reprinted with permission from disguised.work
Death of Michael Anthony Bordlee, New Orleans, Louisiana
Reprinted with permission from disguised.work
The Revolution Continues
Today we've published over 20 pages and tomorrow we expect more or less the same
Death of Dr Alex Blewitt, UK
Reprinted with permission from disguised.work
Software Freedom Conservancy (SFC), Inc. vs. Vizio, Inc. Is Costing the Free Software Foundation Money
FSF subpoena and deposition
Following the Herd (or HURD)
Society advances owing to people who think differently and promote positive change, not corporate shills
They Try to Replace the Creators of GNU/Linux and Hijack Their Word, Work, and Reputation
gnu.org is down at the moment; now I'm told it's back but very slow. DDoS?
Thiemo Seufer & Debian deaths: examining accidents and suicides
Reprinted with permission from disguised.work
Links 05/05/2024: Political Cyberattacks From Russia and Google Getting a Lot Worse
Links for the day
Gemini Links 05/05/2024: Infobesity and Profectus Beta 1.0
Links for the day
Running This Site Mostly a Joyful Activity
The real problem or the thing that we need to cancel is this "Cancel Culture"
Australia Has Finally Joined the "4% Club" (ChromeOS+GNU/Linux)
statCounter stats
Debian as a Hazardous Workplace Where No Accountability Exists (Nor Salaries)
systematic exploitation of skilled developers by free 'riders' (or freeloaders) like Google, IBM, and Microsoft
Clownflare Isn't Free and Its CEO Openly Boasted They'd Start Charging Everyone to Offset the Considerable Losses (It's a Trap, It's Just Bait)
Clownflare has collapsed
Apple Delivered Very Disappointing Results, Said It Would Buy Its Own Shares (Nobody Will Check This), Company's Debt Now Exceeds Its Monetary Assets
US debt is now 99.98 trillion dollars
FSFE Still Boasts About Working Underage People for No Pay
without even paying them
IRC Proceedings: Saturday, May 04, 2024
IRC logs for Saturday, May 04, 2024
Over at Tux Machines...
GNU/Linux news for the past day
The Persecution of Richard Stallman
WebM version of a new video
Molly de Blanc has been terminated, Magdalen Berns' knockout punch and the Wizard of Oz
Reprinted with permission from disguised.work
[Meme] IBM's Idea of Sharing (to IBM)
the so-called founder of IBM worshiped and saluted Adolf Hitler himself
Neil McGovern & Debian: GNOME and Mollygate
Reprinted with permission from disguised.work