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A decade ago, patenttrolls were all the rage in the patent world. If there was a rock-star matter in the patent world, it was the debate over trolls. It got this Kat to wonder: has patenttrolling become such an ""oh so yesterday" subject? PatentTrolls, ?nd
Litigation is almost always recommended to be avoided , whether because of the sheer amount of time needed to get a court date, the expensive costs for the client and law firm, or the risks associated with receiving an unfavorable judgement. They do not practice, develop, manufacture, or otherwise commercialize the patent.
Merpel does not like this form of taxi Friend of the Kat and Legal Head of Delivery for Gett in Moscow, Konstantin Voropaev has been following some developments out of Kazakhstan relating to an uptick in litigation in the taxi-app space. The patent is valid until 21 December 2023. So what is going on? Let’s start at the beginning.
Healthy patent systems can sometimes be described as a way to incentivize creative inventions, encourage building on existing ideas, and avoid frivolous litigation. Google also helped discover the License on Transfer Network. Concern with the US patent system. Source: RPX. Source: RPX.
Patentlitigation declined significantly in the first quarter of 2023 over the same period in 2022, despite increases in issued patents, the difficulty of Continue reading
Introduction Patenttrolls are entities that do not actively develop their inventions but instead acquire patent rights for obvious inventions to prevent others from working on them or to collect licensing fees. In a way, patenttrolls serve a purpose, much like lawyers.
The T-word, patent “troll,” has been used widely over the past 20 years to negatively predispose potential licensees, lawmakers, the courts, as well Continue reading Words matter.
VirnetX is a classic example of an NPE that does not qualify as a “patenttroll.” Patenttrolls leverage the litigation system to negotiate settlements for less than the cost of defending against a lawsuit. VirnetX, on the other hand, licenses its patents for eight and sometimes nine figures.
Individuals and companies commonly engage in the strategic purchasing of critical blocking patent portfolios. For example, the rise of patenttrolls, who litigate cheaply-bought patents, use the IP system as a legal weapon. Moreover, damage demands in litigation cases involving IP are rising.
Saturday Opinion: North Carolina’s Abusive Patent Assertions Act survived a constitutional challenge this week because it puts focus where it should be – on bad faith behaviour, not business structure.
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patenttrolls”). The District of Delaware has long been a favorite venue for patenttrolls across the country. District Court for the District of Delaware.
A number of small providers are receiving patent demand letters with a settlement or licensing offer to avoid litigation. Many of these letters are a typical part of the playbook of entities that have been variously called “non-practicing entities” (NPEs) or “patenttrolls.” How should you respond?
VirnetX is a classic example of an NPE that does not qualify as a “patenttroll.” Patenttrolls leverage the litigation system to negotiate settlements for less than the cost of defending against a lawsuit. VirnetX, on the other hand, licenses its patents for eight and sometimes nine figures.
Saturday Opinion: North Carolina’s Abusive Patent Assertions Act survived a constitutional challenge this week because it puts focus where it should be – on bad faith behaviour, not business structure.
He suggests that the standard might need to change in instances where AI is used for patent examination, as what is “obvious” to an AI might not be obvious to a human. Impact on PatentLitigation and Licensing : Yuri predicts that AI could reduce the number of contested patents and therefore the amount of litigation.
This is not easily achievable in court but can be realized in a negotiation setting, which encourages solutions such as coexistence agreements, cross-licensing, and collaboration agreements, etc. Imposing a pre-litigation negotiation phase can prove to be an effective mechanism to deter such practices.
Yesterday’s decision in favour of PanOptis by an Eastern District of Texas jury was the consequence of significant investments made by the firm over many years.
by jcgoforth is licensed under CC BY-NC-SA 2.0 In the wake of the collapse of the Internet bubble circa 2000, a public outcry about patenttrolls caught the attention of Congress and the federal courts. A wild mix of reforms of the patent system resulted between about 2005 and 2015. "Burst Bubble."
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patenttrolls”). Triumph IP claims to own a patent on technology that is vital to the 802.11 This installment will focus on a company named Triumph IP.
Yesterday’s decision in favour of PanOptis by an Eastern District of Texas jury was the consequence of significant investments made by the firm over many years.
In 2024, several key developments are shaping the way patents are filed, enforced, and litigated. Patent Eligibility and Emerging Technologies: One of the key challenges facing patent law is determining the patent eligibility of emerging technologies.
Leading case on distinctiveness, where Australian High Court lowered the distinctiveness bar—until it reached the high court, it was being litigated by a construction partner. So in litigation, no one says “the Office has done this 20 times before.” Patenttroll narrative was effective. RT: Better story: Emojis?
-(my personal favorite) Toll a patent’s term while invalidity is being litigated. For example, should invalid patents be repeatedly rewarded with extended term based upon the litigious nature of the licensing entity? The Massie Bill has never been taken seriously for obvious reasons. — of course not.
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