Bonum Certa Men Certa

Patent Trolls Are Thwarted by Judges, But Patent Lawyers View Them as a 'Business' Opportunity

Law firms in various states hope that the demise of the Eastern District of Texas will mean more lawsuits where they are

USA map



Summary: Patent lawyers are salivating over the idea that trolls may be coming to their state/s; owing to courts and the Patent Trial and Appeal Board (PTAB) other trolls' software patents get invalidated

AS NOTED in the last post, patents granted by the USPTO are often passed to trolls sooner or later. The trolls would like to think of themselves as "monetisers", but all they really do is tax the economy. That does not help innovation or creativity; it merely crushes both. TC Heartland, a Supreme Court decision from about 9 months ago, continues to worry firms that profit from patent trolls and aggressors. One of them, writing in lawyers' media, expressed a common lawyers' concern that patent litigation is declining (true story), then expressing optimism about trolls coming 'home' to Georgia:

Is patent litigation coming home to Georgia? Last year the U.S. Supreme Court holding in TC Heartland v. Kraft Foods Grp. Brands significantly affected the law of venue jurisdiction under 28 U.S.C. €§ 1400(b) for patent infringement cases. One result was to shift new patent complaint filings away from federal district courts that had been perceived to be plaintiff-friendly, such as the Eastern District of Texas, as I recently wrote in the Daily Report. TC Heartland only clarified one of the tests for patent venue in €§ 1400(b), holding that the provision “where the defendant resides” is limited to only the district where the defendant is incorporated.

[...]

The year 2018 will likely bring resolution to some of these issues – and more patent litigation to Georgia. I believe we can expect at least one, but perhaps two precedential Federal Circuit decisions further clarifying “where” a defendant committed an act of infringement, with one or both relating to software method and pharmaceutical patent infringement.


Watch their glee. They want lots and lots of lawsuits. That's business to them. Never mind if the Eastern District of Texas was a cautionary tale and the Eastern District of Texas became synonymous with trolls, discouraging technical investment in the area (companies might think twice before opening a branch near there).

Georgia has some decent academic institutions (one very famous university, especially for its technical achievements), so we hope that Georgians will confront these legal opportunists.

Not too long ago in California Cloudflare spent a lot of time and money battling a patent troll. It took almost a year to win the case. SoylentNews mentioned that, as did TechDirt, writing about it with some background:

Last year, we wrote about how a relatively new patent trolling operation had pretty clearly picked the wrong target in suing internet infrastructure provider Cloudflare with a sketchy patent (US Patent 6,453,335 on "providing an internet third party data channel.") Cloudflare decided not only to fight the case, but to fight all of Blackbird's patents, crowdsourcing and funding searches into prior art on any patent held by Blackbird Technologies, and arguing that the company was engaging in questionable legal practices -- acting both as a patent holding company and a law firm, while sometimes pretending not to be a law firm (despite employing mostly lawyers) to avoid some serious ethics questions.


We certainly hope that ۤ 101 will carry on finishing off patent trolls. This was one such case. Ars Technica, which now lacks its main patent trolls expert (he moved to the EFF this month) wrote about it also. To quote:

A federal judge in San Francisco has unequivocally ruled against a non-practicing entity that had sued Cloudflare for patent infringement. The judicial order effectively ends the case that Blackbird—which Cloudflare had dubbed a "patent troll"—had brought against the well-known security firm and content delivery network.

"Abstract ideas are not patentable," US District Judge Vincent Chhabria wrote in a Monday order.


Abstract ideas are a subject we'll revisit this weekend.

Another patent troll which got mentioned the other day is Motivational Health Messaging. Unified Patents wrote about the status of the patent in question. The EFF's role has been mentioned too:

Unified is pleased to announce the PATROLL crowdsourcing contest winners, Rohit Sood and Devarajan Govindaswamy, who split a cash prize of $2000 for their prior art submissions for U.S. Patent 9,069,648. The EFF previously named the '648 patent as a 'Stupid Patent of the Month' noting that numerous small companies have been threatened with infringement allegations by Motivational Health Messaging, LLC (an NPE). To help the industry fight stupid patents, we have published the winning prior art below.


Another troll, Wordlogic, was mentioned by Unified Patents on the same day (lovers' day). To quote:

On February 14, 2018, the Patent Trial and Appeal Board (PTAB) instituted trial on all challenged claims in an IPR filed by Unified against U.S. Patent 7,681,124 owned and asserted by Wordlogic Corporation, an NPE. The '124 patent, directed to a user interface for predicting and presenting text completion candidates in response to a user’s partial text entry, has been asserted in multiple district court cases against such companies as Fleksy, Touchtype, Chicago Logic.


PTAB is great and we have plenty to write about it this weekend.

Recent Techrights' Posts

Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
 
Links 10/05/2024: Burner Phones in 6-Eyes Government, “Hatred and Demonization” on the Rise
Links for the day
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter