Bonum Certa Men Certa

Patents Roundup: Abject Lack of Proper Patent Justice and Updates From Microsoft's Patent Trolls and Patent Strategist

'“Other than Bill Gates, I don’t know of any high tech CEO that sits down to review the company’s IP portfolio" —Marshall Phelps



Ex-Sun chief dishes dirt on Gates, Jobs
Reference: Ex-Sun chief dishes dirt on Gates, Jobs



Summary: A rundown/roundup of some of the interesting cases and stories, which generally help highlight the wrongs in a system that ought to be improved if its real goal is justice and legitimacy rather than coercion, protectionism, and sometimes racketeering

THERE are legal cases or stories that merit a mention but not a whole article/post. There are thousands of ongoing patent lawsuits in the US (with thousands more being filed each year), hundreds of thousands patents granted by the USPTO annually, and many stories of patent extortion (outside the courts). The ratio between patent extortion (shakedown) and patent lawsuits is difficult to estimate because the former is covert; estimates, however, say that there are several times more of the former than the latter. Below we take stock of some minor posts, stories, summaries, and observations.

Word Limits



"The ratio between patent extortion (shakedown) and patent lawsuits is difficult to estimate because the former is covert; estimates, however, say that there are several times more of the former than the latter."When the patent courts get overwhelmed by piles of spurious papers (with little substance or relevance) they often feel compelled to act differently. Is this another lawyers' trick? Maybe. But according to this, there are word limits in briefs now (as some briefs as not brief anymore).

To quote:

One problem with the Court’s approach here is that it made no determination as to whether the incorporation-by-reference was problematic in this situation. In particular, Federal Rule Appellate Procedure 28(i) permits incorporation by reference in consolidated cases involving multiple appellants or appellees.


Concision matters because one side often uses disproportionate amounts of paper to 'out-pocket' the other side, in essence using financial muscle to gain legal leverage. This is wrong. Then there's the option of endlessly appealing decisions to bankrupt the other side if not put sufficient economic pressure for that side to surrender.

"Concision matters because one side often uses disproportionate amounts of paper to 'out-pocket' the other side, in essence using financial muscle to gain legal leverage."Remember that for justice to be served it must not discriminate based on finances. In practice, however, it almost always does. Money buys legal outcomes not just legislation.

Ex Parte Reexamination



Putting the non-English legalese aside (another way for lawyers to deter people from representing themselves), let's look at Parallax Group International, LLC v Incstores LLC -- a case by a company which we mentioned here 15 times before. Here's some more non-English legalese: "The court sua sponte stayed plaintiff's patent infringement action pending ex parte reexamination to conserve judicial resources."

"Remember that for justice to be served it must not discriminate based on finances."Sua sponte is just a lawyer's way of saying "on its own motion," which means that Parallax needs to wait. We previously remarked on all those nonsensical words/phrases, like inter partes review, ex parte reexamination, sua sponte and estoppel.

No, these lawyers don't speak Latin or anything, they just try to make life more complicated for clients so that they get hired again and again. Maybe some of them try to impress with pseudo-multilingual skills (which rarely exist).

PTAB



Speaking of inter partes reviews, which is just a 'fancy' way of saying petition to reassess/review a granted patent after an applicant secured the grant, Michael Loney said a few days ago that "PTAB institutes first derivation trial" and to quote:

After more than 50 petitions, the Patent Trial and Appeal Board has instituted a derivation trial for the first time, challenging a patent for a spacer frame used in insulated glass windows

The Patent Trial & Appeal Board has instituted trial to a derivation petition for the first time, in Andersen Corporation v. GED Integrated Solutions (DER2017-00007).


The rather misleading term "derivation trial" is what the Office defines here. It's worth noting that 50 petitions had been filed before action was actually taken!

Patent Trolls



Aggressors and patent trolls have gotten ever so desperate to bypass TC Heartland (last year's decision by SCOTUS) and drag patent lawsuits to trolls-friendly courts (or districts, or district courts). In Peerless Network, Inc. v Blitz Telecom Consulting, LLC et al, according to Docket Navigator, "[t]he court granted defendants' alternative motion to transfer for improper venue because defendants did not have a regular and established place of business in the district."

"Under a faithful reading of the statute," the court said, "the Court must conclude that whatever a 'place of business' is, it is not a shelf.”

"No, these lawyers don't speak Latin or anything, they just try to make life more complicated for clients so that they get hired again and again."How many more 'artistic' interpretations will be attempted so as to bypass TC Heartland? It almost never works.

Microsoft's Patent Troll



Microsoft's patent troll Finjan will "Host a Shareholder Update on April 5, 2018," it says in a new press release. That's 4 days from now. What will be discussed? Who to sue next? Will Microsoft help bankroll the litigation? Or say who to 'punish' next? Will people who pay 'protection' money to Microsoft find themselves protected from this troll?

And in related news, Forbes has given a blog to Marshall Phelps, who is responsible for Microsoft's and IBM's patent aggression strategies. Forbes also gave blogs to literal patent trolls from Dominion Harbor, which says a lot about Forbes. In his latest post Phelps says: "Everybody knows that strong patents help decide the winners and losers of business competition — which is why companies applied for roughly 600,000 of them last year (though only half that number were granted)..."

"...Forbes has given a blog to Marshall Phelps, who is responsible for Microsoft's and IBM's patent aggression strategies."The person who is responsible for patent bullying at two of the largest and most aggressive 'patent companies' says it "help[s] decide the winners and losers of business competition," so maybe he should also join a large military contractor and explain how dropping lots of bombs "help[s] decide the winners and losers" of wars... since he evidently lacks any sense of morality.

$235 Million Verdict



The latest reminder that actually reading patents, i.e. making an infringement willful, can be very extremely expensive? Here it is:

Following a jury verdict of willful induced infringement of plaintiffs' congestive heart failure treatment patent and damages of $235 million, the court granted defendant's renewed motion for judgment of noninfringement as a matter of law because substantial evidence did not support the jury's finding that defendant induced doctors to infringe


Large firms such as Microsoft openly say that they intentionally ignore patents of other companies for this reason. Does that not defeat the whole purpose of a patent system then? The whole basis or premise of this system was that it would help disseminate if not preserve human knowledge.

Somaltus LLC v The Noco Company, Inc



As always, whenever there's patent mess only lawyers will profit. They're guaranteed to win financially (even if they lose a case). It's therefore in their best interest to make things messy and keep them that way. "Following plaintiff's voluntary dismissal," shows this new example, "the court denied defendant's motion for attorney fees under 35 U.S.C. €§ 285 because plaintiff's litigation positions were not unreasonable."

"As always, whenever there's patent mess only lawyers will profit."Whoever pays the fees, that won't matter to the lawyers. It only matters to the companies they represent (at both ends). Maybe that can help more companies rethink the role of the status quo and whether it suits them or not. If not, maybe they should support reformist actions from the EFF, CCIA, HTIA (High Tech Inventors Alliance) and the likes of these. PTAB helps a lot already and it's not hard to show support for it. Recently, our support of PTAB earned us threats of legal action. We'll write about it later this week.

Recent Techrights' Posts

Why Microsoft Accenture Has So Many Layoffs in Recent Years
The debt of Accenture doubled a year ago
 
IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Gemini Links 01/02/2026: Fossil Heating Installations and Some FOSDEM Coverage
Links for the day
The State of Memory Leaks in GNU/Linux
The issue won't be solved by adding more memory
Links 01/02/2026: Nvidia's Jensen Talks Down Microsoft 'Open' 'Hey Hi' and Britain's Starmer Makes Friends With China, Japan
Links for the day
Links 01/02/2026: Public TV Gutted by Cheeto, Billionaires Fund a Cheeto Propaganda Movie in 'Documentary' Clothing
Links for the day
The New Site ("New Techrights", SSG Since 2023) Exceeds the Old Site in Requests
The "New Techrights" gets about twice as many requests as the "old" (WordPress) "Techrights", the site of 2006-2023
20 Years Ago
Some time soon all this slop frenzy will become like yesterday's "blockchain" or "metaverse"
Gemini Links 01/02/2026: Zdzisław Beksiński and Disconnected Git Workflow
Links for the day
Talks About Nadella's Microsoft Exit After Chatter About Tim Crook Leaving Apple (Years Ahead of Retirement Age)
Mass layoffs and record debt do not represent a company's health.
We Still Cover the Same Problems We Spoke of 20 Years Ago
We're not easily seduced by "novelty" (new things), we try to judge them critically
Patents Standing in the Way
They also cause environmental harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 31, 2026
IRC logs for Saturday, January 31, 2026
IBM, a Microsoft Company
Microsoft and IBM as a pair go a long way back
A Lot Less GAFAM in Scandinavia
Are they reacting to geopolitics and risks from the US?
IBM Kills Companies It Bought (Neudesic Seems Like Latest Casualty)
Why isn't even a single publisher investigating those things?
Fake "Linux" Articles
Just because some platform has "Linux" in the domain name and/or site name does not imply that it is a news/Linux site
Gemini Links 31/01/2026: "Proof Without Content" and "Technology Connections"
Links for the day
Links 31/01/2026: Microsoft "OpenAI Representatives Are Going to Critics’ Houses With Threats and Demands", Its Proprietary Chaffbot Faces More Lawsuits
Links for the day
Links 31/01/2026: "Introducing Encrypt It Already" and "Huge Cache of Epstein"
Links for the day
A Can of WORMS - Part I - Trying to Throw RMS Under the Bus at MIT and Everywhere Else
This series won't give air to online 'trolls'
Mobbing at the European Patent Office (EPO) - Part I - An Introduction
When the series ends, some time around the second or third EPO strike of this year, we'll contact the relevant authorities and plead for intervention
The Solicitors Regulation Authority (SRA) Delusion - Part I - Who Regulates This Regulator? (Only Itself!)
We won't self-censor or prematurely terminate this series
Norway Almost Trusts Russia More Than the Bill Gates (Sleeping With Young Russian Girls) Company, Microsoft
Microsoft represents crime
Riddle Us This... (Jim Zemlin and Bill Gates)
Do these people even understand the literal meaning of "safe space"?
Is "Nobel Prize for Peace" a Sick Person's 'Code Word' for Gangbanging Now? Ask Bill Gates.
Watch all the Gates apologists getting all silenced/silent
BBC Gaslights Women Sexually Exploited (Many Under Legal Age) for Its Rich Sponsor, Bill Epsteingate (Gates)
Is this a national broadcaster or a propaganda tool "For Rent"?
Microsoft 'Open' 'AI' Reportedly About to Become Bankrupt, Seeking Emergency Cash Infusion (Loans)
the money promised to Microsoft 'Open' 'AI' failed to arrive
Gemini Links 31/01/2026: Deep Ice and Slide Rules
Links for the day
Writing About Abuse
Never ever allow misogynists to get their way if you strive to live in a decent society
MIT DEDP MicroMasters online learner's blog post about cover-up linked to resignation of Swiss financial regulator
Reprinted with permission from Daniel Pocock
Salary Erosion Procedure (SAP) as the Primary Reason for EPO Strikes
They focus on financials, as the corruption aspects are un-sayable or unspeakable, except in private
IBM Bluewashing: Feels Like IBM is Scuttling Neudesic (and Some of Red Hat)
We recently saw some Red Hat staff joining a Microsoft proxy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 30, 2026
IRC logs for Friday, January 30, 2026
Microsoft Stock Collapsing Due to the Slop Bubble and Microsoft is Hiding Budget 'Black Holes'
Microsoft does not perform like it tells "the media" and "the market"
Gemini Links 30/01/2026: Love and Cultivation, Gemtext Anchors
Links for the day
Will Jim Zemlin Also Sell His Daughter or Only the "Linux" Brand (and Linux Foundation) to Bill Epsteingate?
Torvalds "ate a bug"
The Epstein Files Don't Say the Ages of Those "Russian Girls" Bill Epsteingate Exploited
This E-mail was sent around the time an arrest was made for pedophilia
Only One in 33 EPO Staff Voting on the Strike Opposed It
Kudos to all those who participated in the strike
Still Hoping for "Slop Zero" in 2026
We've also noticed that linuxiac.com shows a glimmer of hope this week
Links 30/01/2026: Waymo Crashing Into 'Small People' (Children), Microsoft at Risk Due to Slop Debt
Links for the day
Amutable’s Management and Founders Are 100% Microsoft!
It'll be focused on promoting Microsoft's agenda in everything it does
IBM Tries to Get Rid of Workers Without Paying Them (and It Appears to be Working)
be sure to speak to people who actually work there
He Has No Money, But He Has Power, He Has a Voice
That's why they envy and attack him
Free Software in Swiss Media This Week
RMS is still going places with his Migros bag (Swiss retail giant)
TV Programs Disseminate False Numbers of Microsoft Layoffs (About 31,000 Laid Off Last Year, Not Including PIPs, Contractors and so on)
large-scale layoffs are inevitable, no matter how long Microsoft delays or procrastinates
Links 30/01/2026: Microsoft's "OpenAI Is Headed For Bankruptcy" and Bitcoin Crashes
Links for the day
Why Would Anybody be Afraid of Talking to Richard Stallman?
We need to get rid of the baseless stigma
Amutable is a Microsoft Proxy Like Xamarin, With Some IBM/Red Hat Staff Added for Good Measure
Amutable chasing money and trying to impose TPM etc. on everybody
The Letter Sent to the Ringleader of the Alicante Mafia This Week
Call for industrial actions to stop the salary erosion of EPO staff
EPO on Strike
organisation operating outside the Rule of Law
Oracle's Debt Exploded by 22 Billion Dollars in 6 Months, the Ponzi Scheme With Scam Altman Was Classic 'Pump and Dump'
The founder of Oracle now uses his wealth for right-wing ideological reasons, nothing else
Facebook ('Meta') is Dead Meat, This GAFAM Company's Debt Exploded by Almost 33 Billion Dollars in Just 3 Months (11 Billion Per Month)
we can expect many sales/contracts to get canceled
Australia's top nurse takes on Musk, Zuckerberg & rogue health influencers, birthkeepers
Reprinted with permission from Daniel Pocock
Affirming What We Already Know: Solicitors Regulation Authority (SRA) is Profoundly Incompetent
"SRA ordered to pay solicitor £50k in costs after failed prosecution"
The "Alicante Mafia" - Part XVI - The Associates of Mr. Cocainegate Don't Want to Talk About Cocainegate (Right of Reply)
Nobody wanted to talk about cocaine at the EPO
The "Open Source" (Corporate Openwashing) Fake Community Rejects Democracy, Open Source Initiative is in Effect Dead
This is basically the end of the OSI
Cracks and Holes in Microsoft's Slop Bubble (Also, Windows is Declining)
"More Bad News For Xbox As Microsoft Blames Gaming For An Annual Decline In Its PC Business"
Microsoft's Debt Exploded by More Than 20 Billion Dollars This Past Year, Says Microsoft
Expect more mass layoffs
Strike at the EPO Today
Next month we'll start a new EPO series
State of the Slop and The Register MS Runs Ads as 'Articles'
Yesterday we could not find much slop about "Linux"
Gemini Links 30/01/2026: Announcing Crossyword and SYN Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 29, 2026
IRC logs for Thursday, January 29, 2026