Bonum Certa Men Certa

TC Heartland is Still Deterring and Suppressing Patent Trolls in the United States

Heartland tractor



Summary: Eastern Texas is being 'evacuated' in the wake of TC Heartland, which continues to be brought up by legal defense teams

THE decision known as TC Heartland has been great. This year-old, Earth-shattering SCOTUS decision helped discourage litigation which relied on Texas. It helped guard the innocent, i.e. those falsely accused of infringement, typically using dubious patents; they try to dodge the trolls-friendly courts, which blindly accept almost anything granted by the USPTO (usually in jury trials, where the jury is nontechnical).

"It's no exaggeration to say the in East Texas the courts openly signaled that they would be plaintiffs- and trolls-friendly. They made no secret of the fact."Baker Donelson (W Edward Ramage), in another paid placement at IAM, very belatedly caught up with In re Bigcommerce -- a case about dodging to courts that do their job instead of trying to appeal to patent trolls. It's no exaggeration to say the in East Texas the courts openly signaled that they would be plaintiffs- and trolls-friendly. They made no secret of the fact.

Over at Docket Navigator, a site which tracks cases of interest/importance, quite a few TC Heartland-related cases have been brought up over the past week. Consider Blue Rhino Global Sourcing, Inc. v Sky Billiards, Inc. d/b/a Best Choice Products and Adrian Rivera v Remington Designs, LLC d/b/a iCoffee, both of which are citing TC Heartland.

"Over at Docket Navigator, a site which tracks cases of interest/importance, quite a few TC Heartland-related cases have been brought up over the past week.""The court granted defendant's motion to transfer for improper venue and rejected plaintiff's argument that defendant waived its venue challenge," said one Docket Report and another new TC Heartland case had the opposite outcome: "The court denied defendants' motion to dismiss or transfer for improper venue because defendants waived their venue challenge through their litigation conduct."

With numbers (latest figures) suggesting that the District of Delaware becomes venue of choice for many [1, 2] we're somewhat relieved to leave the era of Eastern Texas behind. No doubt the economy there will suffer (businesses would be wise not to operate there after TC Heartland), but one might call that karma for bad faith and overzealously litigious spirit.

Recent Techrights' Posts

Unlike GAFAM, Free Software Serves You, It Does Not Serve Governments and MElons (Overlapping Forces)
Tired of oligarchy controlling your life through gadgets and "apps"?
When It Comes to Social Control Media, Linus Torvalds is Channeling Techrights
GAFAM workers know exactly who to aim at
New EPO Paper: Promoting (Rewarding) People Who Grant Many Illegal European Patents to Make More Money (at Europeans' Expense) While Patent Courts in the EU Are Themselves Illegal
now the coup is sort of complete and even the "courts" are part of the corruption
Slopwatch: Carnival of LLM Slop and FUD Spewed by Bots, Pasted in by MaKenna Hensley and Day
Welcome to the Web in 2025. Articles about "Linux", "Security", and the Web (e.g. "Firefox") are fake.
Links 07/02/2025: Amazon’s Stock Collapses and US Government Being Dismantled (Still)
Links for the day
 
Gemini Links 08/02/2025: "Thought Leaders" and Returns to Gemini Protocol
Links for the day
Links 08/02/2025: MElon Coup, Mass Layoffs at Facebook, and PlayStation Network Down
Links for the day
On Wars Against Founders
We need to insist that founders remain
Links 08/02/2025: News Corp Admits Traffic Declines, Wildlife Trafficking Tackled
Links for the day
Gemini Links 08/02/2025: Lamp and Notions
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 07, 2025
IRC logs for Friday, February 07, 2025
Gemini Links 07/02/2025: Mid-level Details and Simple Code
Links for the day
Links 07/02/2025: US 'Demolition Crew', e-ID Loopholes, and Sanctions
Links for the day
Professor Eben Moglen on How Social Control Media Metabolises Humans and Constrains Freedom of Thought
Nothing of value would be lost if all these data-harvesting giants (profiling people) vanished overnight
Social Control Media is Narcissism
Nowadays there's a lot more literature and even press coverage explaining the harms of Social Control Media
Debian Left Twitter (MElon "X"), We Think the Free Software Foundation (FSF) Should Do the Same
What would the FSF really lose if it stopped posting there?
statCounter Sees GNU/Linux Share Doubling in China Over the Past Year
It'll be interesting to see what data in the coming months shows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 06, 2025
IRC logs for Thursday, February 06, 2025
Richard Stallman (RMS) Confirms Next Week's Talk in Europe
He gave at least 2 talks in Europe last month
Nationalism As A Service (NaaS) by Microsoft Azure, Gutting the US Government for Profit
Will Microsoft be receiving bailouts as a reward for all this?
Rumours of IBM Layoffs Apparently Confirmed Yesterday, IBM Canada Consulting Impacted (as Rumoured)
when IBM has layoffs we must also read it as Red Hat layoffs
Tons of Anti-Linux 'Articles' Published by Bots (LLMs), Maybe Microsoft's
Upon closer inspection, all this FUD turned out to be LLM garbage
Gemini Links 06/02/2025: Voicemail Sucks and Night of Lights
Links for the day
Ubuntu Desktop Director of Engineering Has Only One Blog Post. It Promotes Microsoft Windows.
Remember that even 15 years ago (more or less, maybe 16 years ago) Canonical appointed a a 'former' Microsoft manager (Spencer) to lead Ubuntu on the desktop
Links 06/02/2025: YouTube Takedowns Out of Control, 'DOGE' Breaking Laws
Links for the day
IBM Red Hat on "era of cloud computing", pushing "hey hi" (AI) hype in Microsoft Azure
LLM slop might actually be more benign than Microsoft promotion
Corruption and Rule-Breaking Prevail at the European Patent Office (EPO), Europe's Second-Largest Institution
The law does not really exist at the EPO; it can be perceived as merely a "recommendation"
statCounter: More Countries Where Windows is Around 1% "Market Share" (People Have Moved to Android/Linux)
in some nations Windows is already 1% or less
404 Media Says "Workers at NASA Told to Drop Everything to Scrub Mentions of Indigenous People, Women from Its Websites" But There's Also Accessibility in the Firing Line
In the case of abandoning accessibility, everyone stands to be hurt and proprietary software can be brought in to replace standards
When BetaNews Writes Real Articles About "Linux" They Promote Windows
The Web is in a bad state. We need to at least try to correct this.
Gemini Links 06/02/2025: Cynicism and "Real Magic on the C64"
Links for the day
Links 06/02/2025: New Sanctions, Layoffs, and Executive Orders
Links for the day
Distros and Desktop Environments, Devices
GNU/Linux focused
New Rumours of IBM Layoffs in 2025, IBM Consulting Still Struggles, Based on Management
"Hey hi" (AI) has been a common excuse for business failure
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 05, 2025
IRC logs for Wednesday, February 05, 2025