The White House's Patent Assertion and Innovation report of June 2013 found that since 2005, the number of defendants
sued by patent trolls had quadrupled.
And researchers from Harvard and the University of Texas recently examined R&D spending of publicly listed firms that had been
sued by patent trolls.
A researcher at MIT found, for example, that medical imaging businesses
sued by a patent troll reduced revenues and innovations relative to comparable companies that were not sued.
Most business owners
sued by patent trolls don't talk about it to anyone other than their lawyer; a typical response is to cross one's fingers and hope the problem goes away.
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.
Suppose you get
sued by a patent troll.
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.
Since 2005, the number of defendants
sued by patent trolls has quadrupled.
I've just patented the idea for creating a SHIELD act that protects companies from being
sued by patent trolls, and acts that prevent the creation of patents regardless of cost and / or «how - frivolous - they - may - seem.»
A recent study showed that more than half of the firms
sued by patent trolls have less than $ 10 million in annual revenue — with startups being a common target.
In that case, a group of pharmacies and grocery stores is being
sued by a patent owner with a family of patents relating to processing discounts.
This insurance is exactly what the name implies: customers pay a fee in order to receive legal assistance if and when they are threatened or
sued by a patent owner.
If members are
sued by a patent troll, encourage them to seek assistance from the Legal Action Program.
Not exact matches
Tesla — Tesla was
sued by Utah - based Nikola Motor for
patent infringement involving the automaker's Tesla Semi, its electric heavy duty truck.
InterDigital, a U.S. company that earns money
by suing and securing licensing agreements for its
patents, was unable to find a buyer last year.
Tesla is being
sued by Nikola Motor, which makes hydrogen - powered semi-trucks, in a lawsuit alleging design
patent infringements.
Waymo, the driverless car unit spun off
by Alphabet's Google,
sued Uber in February for misappropriating trade secrets and infringing on
patents pertaining to its proprietary lidar technology.
Canada's Federal Court could be given greater powers to combat unacceptable behaviour
by domestic and foreign «
patent trolls» — companies that do not make or sell a product but
sue other companies for
patent infringement based on existing
patent rights the troll has secured.
Acorda responded
by suing them, seeking a court declaration that its
patents on the drugs were valid.
And the court has given states broad immunity from being
sued in any court for money damages — for example, for infringing a
patent or discriminating against older or disabled state employees — even though the Constitution limits this immunity only to suits in federal court
by a citizen of a different state.
For this reason, Myriad contends that hundreds of its
patents are still valid, and has
sued competitor test - providers Ambry Genetics and Gene
by Gene for
patent infringement.
Trademarks,
patents and other intellectual property are fiercely guarded
by their owners, who will usually
sue to either get a cut of any profit
by way of licence or to prevent its use all together,» says Donald Ramsbottom, a solicitor in Portsmouth who specialises in Internet law.
The legal fight began in 2005 when Stanford
sued Roche for refusing to pay royalties on three
patents held
by the university on the HIV test.
When
sued by Kodak, Sony searched out documents which had been published before the
patent was filed — known in the
patent law as «prior art» — and asked the
patent office to re-examine the scope of Kodak's legal monopoly.
Monsanto, the largest soy producer now
sues every farmer who gets their soy cross-pollinated
by Monsanto's
patented GMO crops.
By 2001, the five growers who had been sued went to the U.S. Federal District Court of Maryland with the defense that questioned: «Can a plant long well known in nature and cultivated and eaten by humans for decades, be patented merely on the basis of recent realization that the plant has always had some heretofore unknown but naturally occurring beneficial feature?&raqu
By 2001, the five growers who had been
sued went to the U.S. Federal District Court of Maryland with the defense that questioned: «Can a plant long well known in nature and cultivated and eaten
by humans for decades, be patented merely on the basis of recent realization that the plant has always had some heretofore unknown but naturally occurring beneficial feature?&raqu
by humans for decades, be
patented merely on the basis of recent realization that the plant has always had some heretofore unknown but naturally occurring beneficial feature?»
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.
The maker of the Kindle e-reader is now being
sued for violating the
patent on its Kindle Special Offers screen saver technology
by the company that claims to hold that... [Read more...]
Both Apple and Google along with many of their developers are being
sued by Lodsys who owns a
patent for «in app payment methods.»
Motorola Mobility is being
sued by a Google - funded company over a
patent infringement allegation into Android smartphones.
All but Sam's Club were
sued for allegedly copying one
patent by having surveys on their websites, while Sam's Club, Black & Decker, and Vitamin Shoppe were
sued for just using «feedback soliciting FAQs» or live help chat.
Discovery Communications is
suing e-retailer Amazon.com, saying that its popular e-book reader the Kindle infringes upon a
patent held
by the company.
In fact, it has been suggested that
patent holders could take a similar approach to copyright owners — in this case
by suing the manufacturers of the printers and the (re) sellers of CAD blueprints on the basis of contributory infringement.
For example, if China was
sued for violating a utility
patent on the Humvee design and a U.S. federal court found that it was a commercial activity of a state owned company rather than an act of the Chinese military, per se, the U.S. court could enter a judgment against China and the
patent owned could collect it
by seizing U.S. Treasury bonds owned
by China.
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.
Its Android mobile software has attracted a lawsuit from Oracle, while handset makers using the software have also been
sued by both Apple and Microsoft, which claims an existing, perpetual license to Nortel
patents.
The decision results from a petition for a writ of mandamus filed
by TC Heartland, a liquid sweetener manufacturer that was
sued for
patent infringement in the U.S. District Court for the District of Delaware, in its attempt to have the action against it transferred to a more favorable forum.
This month, the St. Regis Tribe
sued Amazon and Microsoft for
patent infringement, asserting data processing
patents it was assigned
by SRC Labs.
(Somehow,
by the way, Asman is also
suing the Electronic Frontier Foundation (in a separate lawsuit) on behalf of Scott Horstemeyer, apparently because EFF hurt Horstemeyer's feelings
by calling his
patent stupid.
The petitioner, Oil States Energy Services,
sued the respondent, Greene's Energy Group, for infringement of U.S.
Patent No. 6,179,053 and Greene's responded by filing an IPR proceeding challenging the patentability of two claims of the «053 patent as anticipated by prio
Patent No. 6,179,053 and Greene's responded
by filing an IPR proceeding challenging the patentability of two claims of the «053
patent as anticipated by prio
patent as anticipated
by prior art.
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 literature suggests that, because of fears of jury bias, foreign
patent holders are less likely to
sue in the United States than are domestic
patent holders; when they do, they put forward only their strongest
patents.4 While jury bias is a serious problem, it is made worse
by venue rules that limit actions to the jurisdiction in which the infringer is either incorporated or «has committed acts of infringement and has a regular and established place of business.»
Netflix, among others, has also been
sued for its download content feature,
by Blackbird Technologies, a
patent trolling / squatting firm, over the
patent governing downloadable video content.
In January, it
sued several cable companies, saying their cable modems infringed Rockstar
patents by using the DOCSIS standard.
Omni MedSci, the company
suing Apple, is owned
by Mohammed Islam, who in 2015 was described
by a Detroit news site as a «poster child for a
patenting professional.»
Recent public comments
by Apple show that the Cupertino gadget company has reason to believe it's the most popular target of so - called «
patent trolls,» companies whose only business is
suing over
patents.
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.
Along with more than 40 other public safety companies, I was
sued by 911 Notify, a notorious
patent troll.»
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.
Meanwhile, the app developers best hope for now may be Martha Stewart — who became annoyed
by Lodsys and last week
sued to crush its
patents in Wisconsin.