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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
A North Carolina federal judge shot down a constitutional challenge Thursday to a state law that criminalizes patentlicensing demand letters sent in bad faith, rejecting a licensing company's arguments that the law violates the rights to free speech and equal protection.
Over to Konstantin for the story and his take on the developments: "Some may associate businesses whose primary aim is to assert patents in litigation to obtain license revenue with the Eastern District of Texas or the Unwired Planet decision in the UK, and not think about cases further afield from Marshall, Texas or London.
The first kind, academic institutions, acquire patents to protect the research work of their faculty and researchers while licensing others to use the results of the research produced without commodifying the patent. They do not practice, develop, manufacture, or otherwise commercialize the patent.
Google has invested in patenting and licensing their engineers’ inventions ( 42,000 home-grown patents ), and has sold patents to smaller companies to help strengthen their portfolios. Google also helped discover the License on Transfer Network. Concern with the US patent system. Source: RPX.
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.
For example, Google was a key player in 2013 in starting the Open Patent Non-Assertion Pledge (to not sue on open-source software). Google was also instrumental in the beginnings of the License On Transfer network (which helps members who have been sued by “patenttrolls”).
House of Representatives members on Thursday introduced for the third time a bill that aims to restrict the ability of patentlicensing companies to file suits at the U.S. International Trade Commission, saying the legislation would help protect American businesses.
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.
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patenttrolls”). This installment will focus on a company named Sockeye Licensing TX, LLC. By: Seyfarth Shaw LLP
E-commerce software brand Shopify doubled-down on its legal attack on the business practices of IP Edge, urging a San Antonio federal judge to reject a Waco magistrate judge's holding that an allegedly affiliated licensing company does not have to participate in what Shopify's lawyers have called a campaign to "expose patenttrolls."
However, since the plaintiff in this matter had not yet practiced its invention and had a history of procuring patents for their licensing program, the plaintiff’s conduct in this case raised concerns about whether injunctive relief should be denied on equitable grounds because the plaintiff may be characterized as a “patenttroll.”
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.
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patenttrolls”). This installment will focus on a company named Sockeye Licensing TX, LLC. NPEs are also known to limit their license when suing software companies.
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.
At present, the software, in many cases, is released under what’s widely known as an ‘Open-Source License,’ which corresponds to the idea that anyone can view and modify the source code of a particular piece of software. Open-source patents combine the concept of traditional patents and open-source licensing.
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.
House of Representatives members reintroduced a bill Tuesday that aims to restrict the ability of patentlicensing companies to file suits at the U.S. International Trade Commission, saying the legislation would help protect American companies.
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? Should you respond?
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.
Patent litigation declined significantly in the first quarter of 2023 over the same period in 2022, despite increases in issued patents, the difficulty of Continue reading
299 limits joinder in patent cases to defendants who infringe using “the same accused product or process.” ” Congress enacted this requirement to restrict patenttrolls who were filing lawsuits against defendants who had nothing in common but the allegation that they were infringing the same patent.
can argue before jurors in a trial over Ericsson's patentlicensing terms, including barring descriptions of a party as "evil" or a "patenttroll" and banning references of anyone's sexual orientation or religious beliefs. Eastern District of Texas Judge Rodney Gilstrap is limiting what Ericsson Inc. and Apple Inc.
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."
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.
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.
IP Ownership Nearly all purchase agreements require the seller to warrant that it owns or licenses the intellectual property necessary for operation of the business. Technology is often protected through patents or trade secrets. In most cases, this can be broken down between two central areas – technology and branding.
A comprehensive portfolio management strategy also improves your ability to identify infringers and/or potential licensing partners. Strategically managing an IP portfolio can also help companies identify opportunities in adjacent markets—or new markets altogether—for new products or cross-licensing deals. ELEMENT 2 2.
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.
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 Patent Litigation and Licensing : Yuri predicts that AI could reduce the number of contested patents and therefore the amount of litigation.
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.
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. Encouragement ad hoc agreements : in IP disputes, the optimal outcome often involves preserving the rights of both parties.
The image is licensed under the Creative Commons Attribution 2.0 Emoji image is from Unicode, Unicode Character ‘TROLL’ (U + 1F9CC), and is in the public domain. The pandemic also added to the approval time. It will be interesting to see whether and, if so, how, IP professionals will make use of the emoji. Generic licence.
An survey of more than 1,000 Americans from all walks of life has made clearer the extent to which people are confused about the purpose Continue reading.
In industries such as biotechnology, pharmaceutical research, and software development, companies are increasingly sharing IP through licensing agreements, cross-industry partnerships, and open-source platforms. This will reduce administrative burdens and enhance cross-border patent collaboration.
With LKQ, a whole bunch of the seized parts were covered by a design patentlicense, but they said “too bad, it’s TM.” Patenttroll narrative was effective. Silbey: might as well have said “traditional contours of TM” in VIP; so what can we learn from the patenttrolling story? RT: Better story: Emojis?
Wayne Winegarden: The ITC Is Subsidizing PatentTrolls (Source: Forbes). Mario Biagioli: Of Viruses and Licenses: Learning from COVID-19 Patent Debates (Source: SSRN). Commentary and Journal Articles: Prof. McKenna and Prof. Silbey: Investigating Design (Source: SSRN). Lemley and Prof.
For example, should invalid patents be repeatedly rewarded with extended term based upon the litigious nature of the licensing entity? Abolish any review of the expert agency to correct mistakes, and even where the Patent Owner agrees to a reexamination the USPTO must presume the patent valid? — of course not.
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