To illustrate how much troll litigation has surged, there were more cases filed
by patent trolls in one month in January 2015 than in the entire year of 2004.
We look forward to working with Chairman Goodlatte, Representative DeFazio and their colleagues on the House Judiciary Committee on a bipartisan basis in order to continue to ensure that American businesses are protected against aggressive, anticompetitive attacks
by patent trolls in the future.
Mr. Duan explained that design patent litigation isn't nearly as widespread as software patent litigation, but depending on what happens in Apple v. Samsung and other design patent damages cases, design patents could give rise to many lawsuits
by patent trolls in the not too distant future.
Not exact matches
2014 is likely to mark a sea change for
patent litigation, as both the Supreme Court and Congress actively figure out ways to rein
in costly challenges brought
by non-practicing entities, or
trolls.
A
patent troll may work a variety of ways, though each positions
patent ownership as a way to generate revenue without producing any material benefits
by using the
patent in question.
Smaller firms
in particular face a thicket of litigation
by competitors and «non-practising entities» — the polite term for
patent trolls.
The Internet giants warned against
patent trolling, which refers to instances when companies that had no involvement
in the creation or invention of a
patent demand licences or other payments from legitimate companies
by relying on dubious
patents.
There are about 13,000 intellectual property cases a year filed
in federal court (many
by patent trolls and pornography companies).
«This kind of a study is important because Congress is contemplating changing the rules for fee - shifting
in patent cases
in order to prevent frivolous litigation
by patent trolls,» he said.
Harming society
In a study released on 19 September, Bessen and his co-authors estimate that patent lawsuits filed by trolls, also known as «non-practicing entities» (NPEs), caused defendants to lose more than US$ 500 billion in value from 1990 to 201
In a study released on 19 September, Bessen and his co-authors estimate that
patent lawsuits filed
by trolls, also known as «non-practicing entities» (NPEs), caused defendants to lose more than US$ 500 billion
in value from 1990 to 201
in value from 1990 to 2010.
From what could find
in this tired state, nintendo and M$ were sued
by apparent
patent trolls who only wish to sue instead of using
patents to make products.
According to an article
by Jeff Roberts for paidContent.org, Acacia Research Group, which some sources have called a «
patent troll» (the term for a group or person who buys up
patents with the intention of wielding them against others
in court), assigned the
patent for the sponsored activity screensaver to Network Presentation Solutions at the end of last year.
Smartbook is a notorious
patent troll comany
in Germany and they have just come out with pretty much a one -
by - one copy of the Samsung Galaxy Tab 10.1... with one major improvement, it's sporting an Nvidia Tegra 3 processor.
In 2010, a patent troll called IA Labs filed suit with Nintendo claiming that the Wii Fit Balance Board was in violation of at least two patents held by the compan
In 2010, a
patent troll called IA Labs filed suit with Nintendo claiming that the Wii Fit Balance Board was
in violation of at least two patents held by the compan
in violation of at least two
patents held
by the company.
Up until February, no one knew that Rick Frenkel, an
in - house lawyer at Cisco
by day, was also the anonymous blogger behind the controversial
Patent Troll Tracker site, where he regularly outed companies (and their lawyers) that he considered to be patent trolls — a pejorative term for one who enforces his or her patents against alleged infringers in a manner considered unduly aggressive or opportun
Patent Troll Tracker site, where he regularly outed companies (and their lawyers) that he considered to be
patent trolls — a pejorative term for one who enforces his or her patents against alleged infringers in a manner considered unduly aggressive or opportun
patent trolls — a pejorative term for one who enforces his or her
patents against alleged infringers
in a manner considered unduly aggressive or opportunistic.
I wrote here last week about IP lawyer Raymond P. Niro's offer of $ 5,000 to unmask the anonymous author of the blog
Patent Troll Tracker, as first reported
by John Bringardner
in IP Law & Business.
That problem is that while the costs of litigation are real — not just money but also defensive medicine, intimidation of startups
by patent trolls, intimidation of the media
by billionaires — the exclusive focus on costs overlooks the crucial role of litigation
in our democracy.
But Heinze also points to a post
by The
Patent Prospector noting that, in praising these universities for their advances in technology, Under Secretary of Commere for Intellectual Property Jon Dudas «failed to point out that these universities are what's been derisively termed «patent trolls»: like spiders in their webs, patent holders that don't practice their own inventions, instead lying in wait to ensnare unsuspecting companies who infringe their patents.&
Patent Prospector noting that,
in praising these universities for their advances
in technology, Under Secretary of Commere for Intellectual Property Jon Dudas «failed to point out that these universities are what's been derisively termed «
patent trolls»: like spiders in their webs, patent holders that don't practice their own inventions, instead lying in wait to ensnare unsuspecting companies who infringe their patents.&
patent trolls»: like spiders
in their webs,
patent holders that don't practice their own inventions, instead lying in wait to ensnare unsuspecting companies who infringe their patents.&
patent holders that don't practice their own inventions, instead lying
in wait to ensnare unsuspecting companies who infringe their
patents.»
A company suing on similar U.S.
patents in the United States, ArrivalStar, has been called a
troll by the Electronic Frontier Foundation for its
patent infringement actions against municipal transit systems and organized a search for prior art against its
patents.
As all of this was being followed
by the anonymous
Patent Troll Tracker, his identity was unmasked and he got caught up
in his own set of legal entanglements.
AGs Support Federal Information - Gathering Project on «
Patent Trolls» NAAG sent comments signed by 43 state and territorial attorneys general to the Federal Trade Commission in support of a proposed federal project to collect data and information about Patent Assertion Entities (PAEs), also known as patent t
Patent Trolls» NAAG sent comments signed
by 43 state and territorial attorneys general to the Federal Trade Commission
in support of a proposed federal project to collect data and information about
Patent Assertion Entities (PAEs), also known as patent t
Patent Assertion Entities (PAEs), also known as
patent t
patent trolls.
In his closing remarks, Representative Issa — who owns 37
patents from his days as an entrepreneur — discussed the Innovation Act, a bill intended to cut down on lawsuits brought
by patent trolls.
Defended a Korean automobile company
in a
patent infringement case filed
by a non-practicing entity («
patent troll»).
In theory, this fee provision should deter aggressive and frivolous litigation
by non-practicing entities (so - called
patent trolls),
by emboldening companies being sued
by the
trolls to stand their ground and fight back, instead of settling.
The specter of a
patent troll having to pay attorney fees if it loses should result
in fewer cases being brought
by patent trolls.
There's a derogatory term
in Silicon Valley for companies that amass huge troves of
patents and make money
by threatening lawsuits: «
patent trolls.»
Still,
patent trolls remain a major thorn
in the side for tech companies, as evidenced
by a $ 625 million verdict a Texas jury awarded against Apple last month.
The move is a major blow for retailers, tech companies and a wide variety of businesses that have been shaken down
by «
patent trolls» — shell companies whose sole business consists of forcing their targets to pay for a
patent license
in order to avoid expensive litigation.
In recent months, the strategy of big players in the patent troll space has become clear: head off reform by drawing a distinction between themselves and the small - time shakedown players who have been targeting mom - and - pop coffee shop
In recent months, the strategy of big players
in the patent troll space has become clear: head off reform by drawing a distinction between themselves and the small - time shakedown players who have been targeting mom - and - pop coffee shop
in the
patent troll space has become clear: head off reform
by drawing a distinction between themselves and the small - time shakedown players who have been targeting mom - and - pop coffee shops.
The
trolls (who prefer to call themselves «non-practicing entities,» or NPEs) soon grew rich
by exploiting an economic asymmetry
in federal law that makes it relatively cheap and risk - free to file a
patent lawsuit but ruinously expensive to defend one.
The solution to the problem of
patent trolls is as simple as it is difficult to implement; more rigorous examination of
patent applications, clarification and limitations of claims during prosecution, and increased use
by the courts themselves (rather than the parties
in litigation) of expert witnesses who can inform the court of the state of the art, and what implied limitations of the original invention should be considered
by the court.
On the other side, trial lawyers and the
patent trolls are expected to push to water it down,
in part
by warning that it will threaten «innovation.»
Another interesting «
troll» stat, one not revealed
in Apple's filings: Samsung, a company that has been sued
by arch-rival Apple over
patents, is the
trolls» fifth most popular target.
The PatentFreedom study commissioned
by Apple also shows that there are more than 250 active
patent trolls in the nation.
Their exploitation of
patents as a tool for extortion is undermining America's technological progress;
patent trolls are collecting taxes on innovation
by extracting billions of dollars
in dubious licensing fees, and wasting the time and management resources of creative businesses.»
Washington, D.C. — The Electronic Frontier Foundation (EFF) urged the Supreme Court to overturn a court decision that tilted the scales
in favor of
patent trolls by making it easier for them to venue shop and file lawsuits
in certain courts.
Instead of investing
in new jobs and services, businesses must fight frivolous claims and overly broad lawsuits made
by patent trolls against a range of technologies and commonplace ideas.
«Instead of creating new jobs and investing
in new technologies, businesses large and small across many industries — from national realty, construction, and technology businesses to Main Street retail shops, hotels, grocers, convenience stores, and restaurants — continue to be forced to divert scarce resources to fighting frivolous lawsuits and overly broad claims made
by Patent Assertion Entities, or «patent trolls».&
Patent Assertion Entities, or «
patent trolls».&
patent trolls».»
According to a recent study
by Santa Clara University School of Law professor Colleen Chien, companies making less than $ 100 million annually represented 66 percent of the defendants
in patent troll litigation, and more than half of those defendants had less than $ 10 million per year
in revenue.
When I started my company, I knew
in the back of my mind that it wasn't a matter of if we'd get sued
by a
patent troll, but a matter of when.
The plea, set out
in a list of priorities recited
by Obama
in the annual State of the Union address, comes as the House and Senate are hashing out details of the Innovation Act, a law that could fix some of the worst aspects of
patent trolling.
«Instead of creating new jobs and investing
in new technologies, businesses large and small across many industries... continue to be forced to divert scarce resources to fighting frivolous lawsuits and overly broad claims made
by Patent Assertion Entities, or «patent trolls».&
Patent Assertion Entities, or «
patent trolls».&
patent trolls».»
My small welding shop grew to become one of the largest agricultural equipment companies
in America and employ nearly 1,000 people, but we were sued
by a
patent troll that owned a broadly - named
patent.
Approximately one
in three
patent suits were filed
in that remote,
troll - friendly district, and these suits were almost all filed
by companies with no business other than suing for
patent infringement.
In June, the Administration issued executive actions and legislative recommendations that would take steps to advance America's
patent system
by helping to mitigate the threat of
patent trolls.
The
patent troll problem, widely exposed
by NPR
in 2011, has long infuriated real companies and the tech sector.
As we've noted before, Google's non-aggression pact is no magic bullet to stop nuisance cloud - based lawsuits,
in part because it provides little deterrent to so - called
trolls — shell companies, often backed
by lawyers and private investors, that do nothing but acquire old
patents in order to file lawsuits.
In the past, President Obama and his Administration have voiced support for reforms that would address ongoing abuses of the
patent system
by patent assertion entities, otherwise known as
patent trolls, which currently cost America's economy roughly $ 29 billion each year.
And
by the way as oppose to the
patent troll in question Motorola is an active manufacturer of consumer technology, so get your facts straight.
The McCurdy paper included
in today's announcement also documents the drag on innovation and the economy constituted
by patent trolls and their abuse of the system.»