Bonum Certa Men Certa

Patent Trolls Roundup: The Patent Trial and Appeal Board (PTAB), Microsoft Trolls, and the Eastern District of Texas

Hublink, LLC, a Dominion Harbor subsidiary
Hublink, LLC, a Dominion Harbor subsidiary, is also based in Texas (Dominion Harbor receives its patents from Microsoft's patent troll, Intellectual Ventures)



Summary: A look at challenged patents and patent lawsuits that are associated with patent trolls or Microsoft's distant proxies that are based in Texas

THE FEDERAL GOVERNMENT in Canada is coming to grips with the need to tackle patent trolls, whereas the EPO does anything it can to attract them (e.g. low-quality patents, UPC and expensive appeals). As for the USPTO, things are improving a bit over time. We're optimistic.



"The general pattern is, PTAB tackles a lot of software patents, which are the trolls’ favourite weapon (for reasons we explained before)."Earlier this week, according to RPX, patent trolls still accounted for too many lawsuits in the US. RPX will probably go out of business some time very soon (good riddance), but these statistics are valuable. "According to RPX Corp.," United for Patent Reform wrote, "of the 32 patent suits filed yesterday, 27 were filed by patent trolls. That's 84%."

A few days later it wrote:

According to RPX Corp., 15 of the 22 patent suits filed yesterday were filed by #patenttrolls. That's 68%.


That's relatively low (compared to most dates). Sometimes it's well over 90%.

Mr. Gross, who writes for patent trolls (including Dominion Harbor), continues to moan about the status quo not because there are too many trolls but not enough of them (according to him). We're generally rather cynical about his tweets; among the latest, about IBM and PTAB:

IBM invention on customizing messages fails as "abstract idea" bc it does not "improve any technology"? https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2017002782-04-23-2018-1 … PTAB also confuses role of claims and spec: "Although it may be a feat...emulating human intelligence, the claimed invention provides no particularity"


Another rant about abstract ideas:

PTAB perverts ALICE 101 test: "The issues of eligible subject matter tum primarily on whether the claims recite more than abstract conceptual advice of what a computer is to provide without implementation details." https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2016005837-04-20-2018-1 … ALICE silent re: "implementation details"


Then there's one about Microsoft:

Your dose of daily PTAB insanity: MSFT discovers that "creating an insulator in a host webpage in a browser" is just an "abstract idea" https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2016008168-04-24-2018-1 … HOW DOES THIS NOT MEET THE DDR TEST???


The general pattern is, PTAB tackles a lot of software patents, which are the trolls' favourite weapon (for reasons we explained before).

Take for example Uniloc, which Microsoft paid a lot of money about a decade ago. Robert Jain from Unified Patents (an RPX competitor) is causing this patent troll to run away, having petitioned PTAB. In his own words:

On April 25, 2018, the Board granted Uniloc’s request for adverse judgment and cancellation of all challenged claims in IPR2017-01850 filed by Unified Patents. This request comes shortly after the PTAB's decision to institute trial on US 8,838,976 directed to an online service user authentication system.


Good riddance. "Uniloc abandons patent after Unified [Patents] files IPR," Jain wrote. Jain also wrote about the large patent troll Dominion Harbor (connected to Microsoft through Intellectual Ventures) and one of its proxies called Hublink, sporting its likely bogus patent.

In his words:

Unified is pleased to announce the PATROLL crowdsourcing contest winner, Raman Deep Singh, who received a cash prize of $2000 for his prior art submission for U.S. Patent 7,239,338, owned by Hublink, LLC, a Dominion Harbor subsidiary and well-known NPE. The '338 patent, directed towards a video conferencing system, has been asserted against numerous companies in district court litigation. To help the industry fight bad patents, we have published the winning prior art below.

We would also like to thank the dozens of other high-quality submissions that were made on this patent. The ongoing contests are open to anyone, and include tens of thousands of dollars in rewards available for helping the industry to challenge NPE patents of questionable validity by finding and submitting prior art in the contests.


It's worth remembering that we deal here with several levels of 'proxies'. Hublink is controlled by Dominion Harbor, which is being armed by Intellectual Ventures, which is being sponsored by Microsoft. All these indirections don't quite fool us as we've been tracking and writing about these trolls for almost 12 years. According to this, "Hublink, LLC filed as a Domestic Limited Liability Company (LLC) in the State of Texas on Tuesday, June 27, 2017 and is approximately one year old, according to public records filed with Texas Secretary of State."

Texas again, just like its creator, Dominion Harbor.

Marshall Phelps, the man who turned IBM and Microsoft into de facto patent trolls, is still up to no good, urging for aggression again, this time in the context of Uber. Days ago he wrote this:

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 in the U.S. last year (though only half that number were granted). But there’s another, little-known way for companies to acquire the patents they need: they can simply buy them.

Patent sales usually involve a smaller company buying patents from a larger one, with the transfers benefiting both buyer and seller alike. This is especially true for startups, which can use patent purchases to leverage the vast R&D resources of major technology firms.

Take Uber. As is often the case with startup companies, it would have taken Uber many years to internally develop a patent portfolio capable of protecting its innovations and ensuring freedom of action in the marketplace. This is a perennial problem faced by startups historically, from Google to Facebook more recently, especially as they prepare to go public, which along with generating cash also paints a giant patent bullseye on the newly-public company’s back.


Well, Mr. Phelps has not changed. Everything he touches turns into a patent bully/aggressor/troll. That's just his career's legacy in a nutshell.

Staying on the subject of Microsoft, which is not only a patent extortionist but also patent trolls feeder, Microsoft gets sued in the Eastern District of Texas. As reported several days ago by WIPR:

Microsoft is facing a legal battle over the alleged infringement of patents relating to video game lighting technology.

In a complaint, filed at the US District Court for the Eastern District of Texas, video game developers Infernal Technologies and Terminal Reality accused Microsoft of infringing its patents for in-game lighting and shadows with various game engines.

A game engine is a software development environment that allows developers to create video games. Game engines have a variety of functions, including a rendering engine, which allows developers to perform deferred rendering, deferred shading and deferred lighting, all of which affect the visual aspect of a scene in a video game.


A Microsoft advocacy site called it a "patent troll" and named the patent, which is a software patent:

Patent trolls are common in the technology industry and it seems like "Terminal Reality and Infernal Technologies" is targeting Microsoft this time. You might remember the name from a complaint involving EA from 2015. While that case was settled around October 2017, it seems like the company has a new target. Developer Terminal Reality closed in 2013, and since then it seems like its affiliate Infernal Technologies has been suing game developers.

According to post by IGN, Terminal Reality and Infernal Technologies has accused Microsoft of "egregious and wilful" patent infringement of Patent 6,362,822 and Patent 7,061,488 relating to game lighting and shadows. The plaintiff claims that it developed the "Infernal Engine" which it then licensed to other studios. The company also says that games like Halo 5: Guardians, numerous Forza titles, Sea of Thieves, and even PlayerUnknown's Battlegrounds infringe upon its patents.


In the Eastern District of Texas they might actually tolerate such abstract patents, but can CAFC or PTAB get involved? 4 days ago the Docket Navigator wrote about Sandoz, Inc. et al v Duke University et al, which is another case in the Eastern District of Texas. It is the patent trolls' favourite venue, but possibly an "improper venue" (after TC Heartland many of these things changed):

The court granted defendants' motion to dismiss plaintiffs' second-filed declaratory relief action under the first-to-file rule even though the defendants' first-filed action was filed in an improper venue.


Docket Navigator also wrote about Elbit Systems Land and C4I Ltd. et al v Hughes Network Systems LLC et al. In the Eastern District of Texas, the patent trolls' breeding ground, the "defendant's litigation conduct was [deemed] exceptional" after Elbit (from Israel) had acted like a troll. Being Texas, one can expect a plaintiff-friendly ruling:

Following a jury verdict of $21 million, the court granted plaintiffs' motion for attorney fees under 35 U.S.C. €§ 285 because defendant's litigation conduct was exceptional.


Why have they put a jury in charge of a verdict on technical matters?! Appeal to CAFC perhaps?

Speaking of misconduct, watch the latest on this Gilead case, in which the "patents are unenforceable due to Merck’s “unclean hands” involving both business and litigation misconduct."

To quote Patently-O:

The district court rejected a $200 million jury verdict against Gilead’s infringing Hep-C sofosbufir drugs. Rather than enforcing the jury verdict, the district court held instead that the patents are unenforceable due to Merck’s “unclean hands” involving both business and litigation misconduct.


There's another case involving Gilead (Teva v Gilead) and it involves SPCs. As one site framed it the other day:

Advocate General Wathelet has rejected the UK court’s suggestion that “core inventive advance” is a relevant consideration in determining whether a basic patent protects an active ingredient within the meaning of Article 3(a)

Advocate General Wathelet has provided an opinion in the Teva v Gilead case in which a UK court referred a question regarding supplementary certificates (SPCs) to the CJEU.


Notice the role of the CJEU (European) in SPCs in the UK -- something that Team UPC lobbies very hard for. They hope to make life a lot easier for trolls and massive pharmaceutical companies looking to shut down rivals (like generics), even by raids and embargoes. They are trying to turn Europe into another Eastern District of Texas. ⬆

Recent Techrights' Posts

Many Topics to Cover
Drops in a big ocean
Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
 
Secret Microsoft Layoffs and Maybe Another "Voluntary Exit Program at Microsoft in October"
there's a morale crisis at Microsoft
MIT Technology Review (MTR) Reinforces MIT's Role in Promoting Slop (Pyramid Scheme) in Exchange for Money
MIT is a poster boy (or child) of institutional corruption, perverts, and corporate takeover
Proving Wrong Those Slop Maximalists and Boosters, GAFAM Says Slop is a Nuisance and Bans/Hides the Slop Submissions
People who say slop in projects is inevitable or even desirable are usually cheaters with self-guilt
Links 04/10/2026: “AI Torture Chamber” and "Aggressive Push to Integrate Hey Hi (AI) Slop Into Schools Is Turning Into a Disaster"
Links for the day
How Microsoft Hides Massive Layoffs From the Media (as Explained by Microsofters)
"rewards" are not exactly rewarding
Brigading Against Women - Part XVII - The Appeal
more to be known towards the end of the year
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs