Bonum Certa Men Certa

Number of US Patent Lawsuits Was More Than 50% Higher Half a Decade Ago

Patent Lawyers' Tears

Patent Lawyers' Tears



Summary: With 35 U.S.C. ۤ 101 (Section 101) in tact, tribunals continue to squash software patents and many firms no longer bother taking these to courts, knowing they'd lose the legal battle

THE USPTO can grant all the patents it wants, but the Patent Trial and Appeal Board (PTAB) will then squash many of them, with the Federal Circuit affirming. There's a big difference between getting a patent and using a patent in court. Many would not dare suing with a patent, knowing or predicting a negative outcome.



"There's a big difference between getting a patent and using a patent in court. Many would not dare suing with a patent, knowing or predicting a negative outcome."Patent lawyers' agony is rather revealing.

Yesterday, for example, the Watchtroll patent extremists (Aaric Eisenstein, a "patent licensing" guy) kept smearing PTAB and referring to invalidation of patents wrongly granted as "kill" (as if someone died). At around the same time we learned that PTAB targets patents of patent trolls once more, this time IPVal's. It happened after a petition (IPR) from Unified Patents and yesterday afternoon it wrote

On June 22, 2018, Unified filed a petition for inter partes review (IPR) against U.S. Patent 7,769,830 owned and asserted by Hypermedia Navigation LLC, an IP Valuation Partners subsidiary and known NPE. The '830 patent, related to methods for presenting and searching for hypermedia elements stored at a web server, has been asserted in district court litigation against Yahoo!, Facebook and Microsoft.


This is quite clearly a software patent. Judging by the number, it's an older patent than most and it predates Alice. It was granted in 2010. Expect it to be rendered invalid soon, 8 years after its issuance. Docket Navigator is meanwhile speaking of a "plaintiffs' invalidity expert" -- we presume a person who is dedicated to such legal arguments. From yesterday's sole Docket Report: "The court denied plaintiffs' motion to reconsider an earlier order granting defendant's motion to strike opinions from plaintiffs' invalidity expert that were submitted in support of summary judgment briefing because of the substantial unfair prejudice to defendant."

"Not too shockingly, litigation numbers are down sharply."Invalidity at the courts, not just at PTAB, has become pretty common. This means that many patent-holding entities are simply too afraid to sue; they'd rather settle out of court, but the targets of intimidation are harder to intimidate because they know they would win in court (if it ever came to that).

Not too shockingly, litigation numbers are down sharply. Yesterday IAM wrote: "Still a few days to go until the end of the month and the first half but @LexMachina's case counter is currently at 1775 new patents suits filed so far this year. At this rate the US is on course to see fewer than 4000 suits filed this year which would be well below recent highs..."

"The bottom line is, the way things are going the number of lawsuits hinged on software patents truly nosedived."Richard Lloyd from IAM added: "Recent high was 6130 cases filed in 2013. Last year total was 4045..."

So expect just over 3,000 lawsuits this year, i.e. way below 6,130. "Volume of US patent litigation continues to drop," IBM's Manny Schecter wrote. Remember that IBM is by far the biggest foe of Section 101 and it is suing a lot of companies, only to see PTAB invalidating many of its bogus software patents.

The bottom line is, the way things are going the number of lawsuits hinged on software patents truly nosedived. This can only be good news for software developers.

Recent Techrights' Posts

There's Nothing "Funny" About Attacking Free Speech and Software Freedom
persistent focus on the principal issues is very important
GNU/Linux Adoption in Africa, a Passageway Towards Freedom From Neo-Colonialism
Digi(tal)-Colonialism and/or Techolonialism are a thing. Can Africa flee the trap?
 
Links 06/12/2023: Many More December Layoffs
Links for the day
IRC Proceedings: Tuesday, December 05, 2023
IRC logs for Tuesday, December 05, 2023
PipeWire 1.0: Linux audio comes of age
Once upon a time, serious audio users like musicians and audio engineers had real trouble with Linux
This is How 'Linux' Foundation Presents Linux to the World
Right now it even picks Windows over Linux in some cases
Links 05/12/2023: Microsoft's Chatbot as Health Hazard
Links for the day
Professor Eben Moglen Explained How Software Patent Threats Had Changed Around 2014 (Alice Case) and What Would Happen Till 2025
clip aged reasonably well
CNN Contributes to Demolition of the Open Web
Reprinted with permission from Ryan Farmer
Eben Moglen on Encryption and Anonymity
The alternate net we need, and how we can build it ourselves
Yet More Microsofters Inside the Board of Mozilla (Which Has Just Outsourced Firefox Development to Microsoft's Proprietary Prison)
Do you want a browser controlled (and spied on) by such a company?
IRC Proceedings: Monday, December 04, 2023
IRC logs for Monday, December 04, 2023
GNU/Linux Now Exceeds 3.6% Market Share on Desktops/Laptops, According to statCounter
things have changed for Windows in China
Over at Tux Machines...
GNU/Linux news
Links 05/12/2023: Debt Brake in Germany and Layoffs at Condé Nast (Reddit, Wired, Ars Technica and More)
Links for the day
[Meme] Social Control Media Giants Shaping Debates on BSDs and GNU/Linux
listening to random people in Social Control Media
Reddit (Condé Nast), Which Has Another Round of Layoffs This Month, Incited People Against GNU/Linux Users (Divide and Rule, It's 2003 All Over Again!)
Does somebody (perhaps a third party) fan the flames?
Who Will Hold the Open Source Initiative (OSI) Accountable for Taking Bribes From Microsoft and Selling Out to Enable/Endorse Massive Copyright Infringement?
it does Microsoft advocacy
Using Gemini to Moan About Linux and Spread .NET
Toxic, acidic post in Gemini
Web Monopolist, Google, 'Pulls a Microsoft' by Hijacking/Overriding the Name of Competitor and Alternative to the Web
Gulag 'hijacking' 'Gemini'
Links 04/12/2023: Mass Layoffs at Spotify (Debt, Losses, Bubble) Once Again
Links for the day
ChatGPT Hype/Vapourware (and 'Bing') Has Failed, Google Maintains Dominance in Search
a growing mountain of debt and crises
[Meme] Every Real Paralegal Knows This
how copyright law works
Forging IRC Logs and Impersonating Professors: the Lengths to Which Anti-Free Software Militants Would Go
Impersonating people in IRC, too
IRC Proceedings: Sunday, December 03, 2023
IRC logs for Sunday, December 03, 2023
GNU/Linux Popularity Surging, So Why Did MakeUseOf Quit Covering It About 10 Days Ago?
It's particularly sad because some of the best articles about GNU/Linux came from that site, both technical articles and advocacy-centric pieces
Links 04/12/2023: COVID-19 Data Misused Again, Anti-Consumerism Activism
Links for the day