As many of you know, Mycroft was sued for patent infringement in early 2020 by a non-practicing entity in Texas (we refer to them as a “patent troll”) alleging that we infringed on two patents owned by the non-practicing entity. As we posted here on December 17, 2021, thanks to Unified Patents, one of the two patents has already been invalidated.
Today we learned that the USPTO Patent Trial and Appeal Board has invalidated all challenged claims of the second of the two patents in dispute: the ‘348 Patent. Claims 2, 3, 6, 7, 11-14, 18, 19, 23-26, 30, and 31 were found “unpatentable,” amounting to all of the claims that Mycroft was alleged to have infringed. This win, coupled with the referenced Unified Patents win invaliding the ‘679 Patent, deals a severe blow to the troll’s patent infringement lawsuit and, barring any unforeseen reversal on rehearing or appeal, should effectively foreclose any claims that Mycroft has infringed on the patent troll’s alleged technology.
This is the third major victory in our patent troll saga – the first being the referenced Unified Patents win and the second our appellate court victory identified on March 4, 2022, whereby Mycroft defended its constitutional rights to free speech and due process under the law and won a resounding victory for these important principles. While the ongoing saga with the troll and its counsel continues, today’s win coupled with the others gets us one step closer to the ultimate vindication that we seek.
As we have said previously, Mycroft ideologically opposes the use of patents for what we believe to be extortion by non-practicing entities that invent nothing, produce nothing and serve only to slow innovation. While we disagree with the tactics used by non-practicing entities simply to extract money for technology they do not produce, we nevertheless abhor behavior that uses anything but lawful means to make positive change to the broken system.
An accomplished serial entrepreneur and open source enthusiast, Michael mastered hardware development at his first startup, Stellar Semiconductor, before founding Cryptic Studios and launching the legendary City of Heroes MMORPG. Michael and his family live in Venice, California.