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

American Back Doors No Longer Trusted by Europeans
Has the EU paid attention, for a change?
When Energy Prices Double in About a Month the Slop Bros Won't Sleep at Night
Unhinged leadership does not seem eager to end a conflict that it started
 
Are Some Obscure or Chinese Operating Systems (Like Huawei's) Taking Over in "Unknown" Clothing?
statCounter still cannot detect many operating systems
SLAPP Censorship - Part 38 Out of 200: Advertisement or £10,000+ Classified Ad in the Form of Court Filing in Another Continent
Graveley fancies himself some world-renown something
Software Freedom is Closely Connected to Privacy
privacy can be a matter of life and death
What Communities Mean and Look Like (If They're Effective and Focused)
Last week we wrote about this in the context of distros and alleged "inclusion"
April 2026 FSF LibreLocal Concludes in Atlanta
Happy Hacking
Gemini Links 08/04/2026: GPG Symmetric Encryption and Slop in USENET
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 07, 2026
IRC logs for Tuesday, April 07, 2026
Ubuntu More Honest Than Microsoft Windows
If you don't like the direction Ubuntu has taken, then try something else
Azure is Dying, the "Entertainment" (Slop) Couldn't Lift Up Fake 'Demand' For Azure
Azure has had mass layoffs every year since 2020 and even earlier this year
2026 Starting to Feel Like 2020
Can Wall Street survive this?
Growing Awareness of Techrights' Importance
We're not an individual's blog but a community project
Harassment by Microsoft, Then a Cover-up
That Microsoft relies on blackmail, bribes and harassment (even against its own people) isn't surprising given the roots of the company and its toxic, deceitful management
SLAPP Censorship - Part 37 Out of 200: The Correct Suspicion Garrett and Graveley Were Collaborating in Overseas Litigation Against Critics
Microsofters and back doors' boosters from America frivolously sue Brits
Microsoft Has Lost Nearly 20% in "Desktop Operating System Market Share" Since COVID-19 Began
Add Android and iOS, then Windows falls to 24%
Maintenance Later This Month
Apr 24, 2026 21:00 - Apr 25, 2026 09:00 BST
Microsoft: Move Over, XBox, Slop is the New "Entertainment" and We Demote Our "Entertainment" CEO
Marketers, marketers, marketers, as a CEO called Ballmer put it
linuxbuz.com is a Slopfarm, It Depends on LLMs
In the more distant past it could be said that linuxbuz.com was an OK site
Links 07/04/2026: Patent Trolls Leigh M. Rothschild, Bolstered by GNOME and OIN, Continues to Attack; ‘Retaliatory Antitrust Suit’ by MElon
Links for the day
Gemini Links 07/04/2026: Copyleft Revisited, Killing Linux Processes With FZF
Links for the day
It Would be Good for Debian to Have a Female DPL, But...
Debian isn't exactly selecting people for quality or policing bad behaviour
IBM Insiders Say What's Wrong With IBM in Albany (and Yes, There Are Layoffs)
promotions boil down to what insiders now call "brown-nosing" and nepotism
After Killing OpenSource.org IBM Together With OSI Told Us It Would Carry on OpenSource.net, But the Site Has Been Essentially Dead for 9 Months (Effectively Abandoned)
OpenSource.org has been dormant for 4 weeks already and OpenSource.net last had a new page 9 months ago (it'll be 9 months tomorrow) [...] That's IBM in a nutshell
A Lot of What Happened to OSI is Because of Reporting by Techrights
Half a year since Stefano Maffuli (Executive Director) "left"
Public Presentations by RMS Hardly Interrupted Anymore
We'll carry on covering those sorts of topics throughout the year
Links 07/04/2026: US Wants to Put Journalists in Prison for Reporting Facts, Artist ‘Bale’ Arrested Over Rape Allegation in Social Control Media
Links for the day
To IBMers, IBM Has Failed and is Fast Becoming a Book of Jokes and One-Word Punchlines
How else can one make it obvious that IBM is circling down the drain?
Newer is Not Better, Lunar Edition
Maybe in 57 years (2083, after all these wars) we'll managed to launch a capsule with a human and a dog above the stratosphere again
"AI Revolution" Was a Lie: Microsoft CEO Admits What He Calls "AI" is Sometimes Sloppy and Microsoft Admits That Slop is for "Entertainment Purposes Only" (Not for Any Serious Work)
if it gets "memory-holed", we can bring it up again and again
Social Control Media is Not a Viable Business Model
The future of the Web might not be the Web
From Datacentres Boom to Actual Booms That Target Datacentres, Now Struggling to Justify Humongous Energy and Water Consumption
Datacentres that are used for mindless "entertainment" (as Microsoft calls it) like slop are not a priority at this time
Gemini Links 07/04/2026: Aircraft Lift Force, Editor History, and Consumer Hardware Stagnation
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 06, 2026
IRC logs for Monday, April 06, 2026
What Matters is Software Freedom, Not the Brands
The important thing is to speak about Software Freedom
Wikileaks is About to Turn 20
~2 days ago it turned 19.5
The Cloud of Smoke
Will 2026 be the year that "The Cloud" openly confesses the risks it brings about?
SLAPP Censorship - Part 36 Out of 200: Claim KB-2024-003529 in a Nutshell (Microsoft Employee Does Terrible Things, Then Sues the Reporter in Another Continent)
It commences with more of an overview
Gemini Links 06/04/2026: Solar Panel Story and Centralisation
Links for the day
"Free Speech, Free Press": What the World Needs to Improve
Darkness breeds corruption
IBM prioritises a "lot of smoke and hype and use of trending buzzwords"
IBM can pretend all it wants things are fine
GAFAM Paying the Price for Pursuing US Military Money (Taxpayers' Money as 'Stimulus' With Strings Attached)
The "cloud" in cloud computing is a cloud of smoke
Observing Slop's Demise
If energy becomes more scarce, then one rare/side perk (or upside) will be slop companies screaming for lifeboats
Links 06/04/2026: Crackers Breached the European Commission, Why "Old Way of Campaigning Won’t Cut It Anymore"
Links for the day
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026