Posts Tagged: "npe"

Facebook patent infringement suit against BlackBerry looks remarkably patent troll-like

Facebook is asserting a series of patents the company has acquired from other firms, making its actions similar to those of non-practicing entities (NPEs) and remarkably patent troll-like. After all, we have been told time and time again by those who have advocated for patent reform and a systematic dismantling of the patent system that a telltale sign of a truly bad actor like a patent troll is that the patents were not the subject of homegrown innovation, but were rather acquired from true innovators and then used to sue others. That, however, is precisely what Facebook is doing here. 

Misrepresentations in Service to Efficient Infringer Lobby

The world of intellectual property law has been abuzz in recent months leading up to oral arguments in front of the U.S. Supreme Court in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, a case which will determine whether the Patent Trial and Appeal Board (PTAB) operates in violation of both Article III of the U.S. Constitution and…

What Changes Result from the Supreme Court Decision in TC Heartland?

Unfortunately, the answer may be not as much as many expected. Right after the decision there were 350 motions to transfer or dismiss in the EDTX. But the limitations imposed by TC Heartland have been called into question by a ruling from EDTX Judge Rodney Gilstrap in Raytheon Co. v. Cray Inc. In his decision, Gilstrap denied a motion by Cray seeking to transfer the case to another district in light of TC Heartland. Gilstrap found that the existence of a single employee in the district constituted “regular and established place of business,” and he established a four-factor test to decide whether newer cases belong in the district… As hopeful as some folks were about TC Heartland, it certainly hasn’t stopped NPEs. The IP community must acknowledge this and adjust accordingly – it’s still the wild west out there, for now.

The duplicitous nature of Unified Patents statements about patent owners

Based on this Unified Patents definition of an NPE, any patent owner that seeks to enforce a patent, whether through licensing or litigation, is a patent troll. Therefore, according to Unified Patents and Shawn Ambwani, any patent owner that seeks a licensing fee, seeks to resolve ongoing infringement, or resorts to the judicial process to seek redress for those who are violating rights granted by the federal government are patent trolls. In other words, all patent owners are patent trolls in the view of Unified Patents and Shawn Ambwani. Only those patent owners that go through the extraordinary time and expense of inventing and obtaining a patent and then do absolutely nothing are legitimate patent owners — everyone else is a patent troll. Talk about completely and utterly asinine! But I suppose that is how they come up with the ridiculous and obviously phony “statistics” about more than 95% of patent infringement cases being filed by patent trolls. The only way that is possible is because to Unified Patents all patent owners are patent trolls!

Is HTIA’s general counsel John Thorne a patent troll?

John Thorne was VP and deputy general counsel for Verizon during its legal battle against former American cable television company Cablevision where Verizon asserted a series of patents it owned… A closer look into the patents renders some interesting information about the patents Verizon asserted and the company’s legal strategy in the case. Two of the eight patents asserted by Verizon in the District of Delaware weren’t originally invented by Verizon, Bell Atlantic or other any other of Verizon’s predecessor companies; they were acquired from outside entities… And haven’t we been told by the likes of Unified Patents that all patent owners who enforce their patents are patent trolls? One would have to assume if Unified is being logically consistent they would have extraordinary problems with Verizon’s activities particularly here where the patents used to sue Cablevision were acquired and not the subject of in-house innovation.