Patent Assertion
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Patent  Assertion
Current and relevant information for patent holders who want their IP ownership rights recognized
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Lodsys'd

Great little animation on how some NPE's nickel and dime their targets.  Obviously this is not a viable (please!!!) business plan but part of a larger and supposedly more effective assertion strategy.  What looks like a needless attack on small players is really serving notice on individuals/companies that may become the next Rovio Entertainment (angry birds).  Ultimately this road will be littered with needless casualties along the way to a big prize. - JR

 

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Microsoft and Nokia hit back at Google 'patent troll' claims

Microsoft and Nokia hit back at Google 'patent troll' claims | Patent  Assertion | Scoop.it

In the second chapter of the new conspiracy theory that has Google at the receiving end of a mercenary IP attack led by Nokia and Microsoft with MOSAID in the middle as their henchman doing the bidding for the conspirators, Nokia responds saying that the complaint is purely frivolous and is a complete waste of the Commision's time and resources.

 

Note that Nokia and MS look to take home ~$2B in plundered riches over the next 10  years to their castles in Keilaniemi and Redmond and the mercenary MOSAID ~$1B to its den in Ottawa. - JR

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Drew Curtis: How I beat a patent troll

Too simple advice from a "successful" patent assertion defendant.  Drew's recommendation to focus on the infringement and not the validity may have been useful to him in what turns out to be a nuisance patent assertion.  His strategy was simply to call their bluff - there was no substance behind their assertion.  In a well-documented assertion effort however, an expensive Markman hearing will be required to achieve any hope of undermining infringement claims. - JR

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Patent Troll Sues Apple Over Backup Feature

Patent Troll Sues Apple Over Backup Feature | Patent  Assertion | Scoop.it

This example (and the MOSAID example elsewhere on this page) demonstrate how NPEs are working the corporate channel to obtain their patent monetization opportunities.  Such opportunities are usually obtained through a combination of upfront payment and follow-on revenue share through patent assignment and commercialization agreements with the NPE. - JR

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Why do NPEs use a network of LLCs to "hide" their patent assertion invesments?

Why do NPEs use a network of LLCs to "hide" their patent assertion invesments? | Patent  Assertion | Scoop.it

The use of an LLC as a special purpose vehicle or a "shell company" by NPEs for litigation is common and is not done primarily to shield the Non-Practicing Entities from possible adverse PR associated with patent assertion, although that may be a benefit.  The main reason an NPE will use an LLC is so their investors in the patent assertion business model can justify their participation in litigation where they would otherwise run afoul of ethical issues.  If an investor has no interest in a litigation or other legal reason to participate in a litigation then he is providing "maintenance".  The investor will then run into issue of "champerty" which is a type of maintenance.  Champerty is receiving financial benefit from a litigation for simply having provided financial assistance.  Alternatively by participating in the ownership of an LLC that holds the IP being asserted, the investor has a justifiable reason for sharing in the outcome of an assertion campaign by an NPE.

- JR

 

 

 

 

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Oracle DJ against Lodsys

Oracle request that it's its costs, expenses, disbursements and reasonable attorney’s fees in this DJ action initiated by Oracle against an NPE be reimbursed by the NPE because it is a "special case". - JR

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Amazon.com: Thesaurus of Claim Construction (9780199737116): Robert C. Kahrl, Stuart B. Soffer: Books

Thesaurus of Claim Construction

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Today's Auction Item: Abraham Lincoln, Patent Troll Hunter ...

As some of you know, I periodically scan the websites of various auction houses for items of interest. Today's listing takes us back to the 1850s, when Abraham Lincoln, taking a break from vampire-hunting, defended an Illinois ...
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[Infographic] Patent Wars Turn Tech into a Battlefield

[Infographic] Patent Wars Turn Tech into a Battlefield | Patent  Assertion | Scoop.it
Bloody battles over intellectual property have become the tech world's new normal. Google just bested Oracle in an epic patent and copyright battle over the use of Java in Android. Apple is fighting in courts around the world.
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Mediator faces tough negotiations in Apple-Samsung case

Mediator faces tough negotiations in Apple-Samsung case | Patent  Assertion | Scoop.it
Apple and Samsung are currently facing off in 50 lawsuits in ten countries, a patent war on a scale that’s unprecedented. But none of those suits have gone to trial yet, so on May 21, lawyers fro...
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Activision, Intel, IBM add voices to oppose Google's proposed Xbox ban | GamesIndustry International

Activision, Intel, IBM add voices to oppose Google's proposed Xbox ban | GamesIndustry International | Patent  Assertion | Scoop.it
More companies advise ITC on potential impact of patent enforcement (RT @GIBiz: Activision, IBM add voices to oppose Google's proposed Xbox ban http://t.co/taryb4XX Companies speak on impact of patent...
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Patent troll solution proposed: DPL creates tech patent alliances

Patent troll solution proposed: DPL creates tech patent alliances | Patent  Assertion | Scoop.it
Like a lot of folks, Berkeley Law professors Jason Schultz and Jennifer Urban are tired of seeing excessive patent litigation in the tech industry, espec.
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Hypo Venture Capital - blog*spot

Hypo Venture Capital - blog*spot | Patent  Assertion | Scoop.it
“That was disrupted by a new business model of patent assertion,” she continued. “It has become acceptable to violate the gentlemen's agreement of not suing and now it is the new norm.” The break in the unofficial truce was ...
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Patent Enforcement Companies Good Society | The Legal Finance ...

Patent Enforcement Companies Good Society | The Legal Finance ... | Patent  Assertion | Scoop.it

The idea that NPE's are good for society is not incompatible with a view that NPE's are NOT good for business.  The common argument is that NPE's cripple innovation but really they hobble (not kill) business.  Innovation occurs in a variety of settings where business is not the primary activity including the home, the university and independent research labs.  According to this article one way that NPE's are good for society is that they provide a secondary market for patents. This benefit sounds good but is insignificant given the number of patents that NPE's actually buy compared to the number of patents that are available to buy. - JR

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Cutting the Costs of Patent Litigation

Cutting the Costs of Patent Litigation | Patent  Assertion | Scoop.it

The historical development and motivations behind Patent Local Rules (PLR) are lucidly explained in this article.  PLR have been developed by many districts to reduce the cost of litigation by allowing each district to decide how patent litigation cases are managed.  The aim of PLR is promote early settlement prior to incurring the largest part of e-discovery costs and thereby reduce litigation costs.  One of the disadvantages is that there is little consistency in PLR between districts which has led to "Balkanization".  This article describes the creation of the PLR in the Northern District of California which describes the procedural steps leading to a claim construction (Markman hearing).  It then discusses the provisions of the new model order for e-discovery in patent cases and the possible challenges and benefits from it. It is a good read for the uninitiated - JR

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Tech Firms Crowd-Source to Fight Suits

Tech Firms Crowd-Source to Fight Suits | Patent  Assertion | Scoop.it

Article One provides a great tool for crowdsourcing prior art that may be useful to the parties on both sides of a patent assertion.  Of course, a Non-Practicing Entity would want to invest in an Article One crowdsourced search prior to investing big bucks in a litigation.  Ideally the exact results provided by the Article One prize winner to an NPE would not be made available later to their opponent. - JR

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Nokia smacks Google for 'patent troll' charges | Mobile - CNET News

Nokia smacks Google for 'patent troll' charges | Mobile - CNET News | Patent  Assertion | Scoop.it

The NPEs are specializing now just like the VCs did early on. MOSAID focuses on semiconductors and telecommunications.

 

The claim of a collusion strategy by Microsoft and Nokia to utilize NPEs to drive up the price of Android devices through patent assertion will be fascinating to follow as it develops.  - JR

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Defensive Patent License

Defensive Patent License | Patent  Assertion | Scoop.it

The DPL is definitely not immune to assertion business models.  There will always be private inventors, research labs and other IP sources who will seek to assert their ownership rights instead of donating them to a DPL. - JR

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Interview with a Patent troll, very interesting. : technology

Interview with a Patent troll, very interesting. : technology | Patent  Assertion | Scoop.it

"It's rough justice but we try to do a good job of it".

 

Nathan describes high-tech companies as castles with wheels surrounded by moats filled with patents, trademarks, customer loyalty, etc. He says that the patent system was the first open source system of innovation - except that you had to wait 17 years to use the innovations. - JR

 

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Chamber study finds intellectual property industries produce $5 trillion - The Hill's Hillicon Valley

Chamber study finds intellectual property industries produce $5 trillion - The Hill's Hillicon Valley | Patent  Assertion | Scoop.it

If more than 1/3 of the US GDP is based on IP, it is not surprising that those who are unfairly excluded want their fair share. - JR

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Android patent litigation roundup, featuring Google IP lawyers - BGR

Android patent litigation roundup, featuring Google IP lawyers - BGR | Patent  Assertion | Scoop.it
It's another day in the tech world, which means that there are lots of stories swirling around Android devices allegedly infringing upon patents. Hit t.
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Apple Suit Against Motorola Tentatively Dismissed - Wall Street Journal

Apple Suit Against Motorola Tentatively Dismissed - Wall Street Journal | Patent  Assertion | Scoop.it
NDTVApple Suit Against Motorola Tentatively DismissedWall Street JournalA federal judge in Illinois said he had "tentatively decided" to dismiss patent litigation between Apple Inc.
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Are Neutral Experts the Key to Complicated Patent Litigation ...

Are Neutral Experts the Key to Complicated Patent Litigation ... | Patent  Assertion | Scoop.it
Judge Richard Posner suggested a novel approach in the patent litigation between Apple and Motorola—using court-appointed witnesses to explain complicated subject matter.
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Is Patent Reform the Death Knell for Litigation? - Corporate Counsel

Is Patent Reform the Death Knell for Litigation? - Corporate Counsel | Patent  Assertion | Scoop.it
Corporate CounselIs Patent Reform the Death Knell for Litigation?Corporate CounselFacebook. Coinciding with these "Megatron" cases are countless other patent infringement cases, which have once again placed patent litigation in the forefront ...
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Can you get insurance coverage for the costs of patent litigation?

Can you get insurance coverage for the costs of patent litigation? | Patent  Assertion | Scoop.it
The conventional wisdom in both the insurance world and the intellectual property world is that there is no coverage for patent infringement liability.
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