Patent Filings Roundup: NPE District Court Filings Skyrocket, Target Automotive Industry; Another Fortress/Uniloc IPR Denied Under Director’s Discretion Due to Pending Trial

By Jonathan Stroud
June 3, 2020

https://depositphotos.com/20169973/stock-photo-overcoming-adversity.htmlThis week’s 40 new Patent Trial and Appeal Board (PTAB) filings—39 inter partes reviews (IPRs) and one post grant review (PGR)—are up slightly from the average, but are dwarfed in comparison to this week’s explosion of 106 new district court complaints filed, including two notable wide-ranging automotive campaigns, dozens of filings by known aggregators, and the rare filing by licensor and innovator Dolby.

The PTAB filings included the first petition filed by RPX in years, challenges from the continuing fallout between battery companies LG Chem and SK Innovations, and a district court assertion by plenty of new and familiar LLC subsidiary assertion vehicles. And an IPR petition against Uniloc (Fortress IP) was denied due to a Western District of Texas trial date, again showing that the Section 314 discretionary doctrines—under which the PTAB/USPTO Director has discretion to deny or institute IPRs—have been and continue to be a boon to serial assertors, with that case, the VLSi denials, and other Uniloc denials making up the bulk of 314 denials so far this year.

Rogue’s Gallery: The usual suspects rounded out the lineup this week, with serial assertion entities like Endpoint IP, IP Investments Group, IP Edge, Equitable IP, Empire IP, and East Texas Patent Group filling out the lineup. There were even a handful of suits related to an ownership dispute/motions to dismiss in some old IV Nav suits, Zeroclick, here. These NPE/aggregators represented the vast majority of the 106 filings over the past week and show that NPE activity can spike during a downturn, though the spike likely has more to do with the availability of financing and major offloading of Intellectual Ventures assets. According to some license agreements that have been recorded with the USPTO, Intellectual Ventures (who appears to have sold themselves or the portfolio in part to Micron) has been entering into three-year escalating deals whereby another NPE pays pennies on the dollar upfront (say, $10,000) to monetize a portfolio, where they can keep a substantial portion of the profits from licensing activities, but have to pay IV back if they fail to successfully reap licensing revenues.

As long noted, “the company has played extensive games in an attempt to stifle the utility of the patent ownership recording system,” and had upward of 30,000 patents, according to Dennis Crouch circa 2011; in the years since, they have been winding down Fund III (as unsuccessful) and offloading assets, and recently offloaded thousands to Acacia, Dominion Harbor, IP Investments Group (some 2,507 assets transferred), Longhorn, and others; we are now seeing the fruits of those arrangements in the form of suits. Some of the divestitures have yet to mature into suits; for instance, Intellectual Ventures offloaded another tranche of patents to Kioba Processing (see assignment records here) in November of 2019; or American Patents LLC (here) in December of 2019, or Liberty Patents LLC (This one has yet to be asserted, but one must assume this is the next campaign to be brought by the Antonelli, Harrington and Thompson law firm, as was American Patents. You have to love the names of these entities.). Most of these assignments are bare, like this, to Virtual Watchdog Solutions, LLC, and don’t include compensation, control, or all of the terms of the transfer. But occasionally, good assignment records slip through.

When IV does a deal with a publicly traded company, disclosure requirements mean that company must disclose the details of the transactions via a 10-K report. In 2018, Quest Research Patent Corporation had to disclose their various portfolio purchases from IV, here. In those disclosures, you see a privateering arrangement whereby the buyer/assertor would pay IV a pittance upfront, and then have escalating payments and owe IV 50% of the proceeds. Whether all of their deals, some, or just this one are structured this way, it’s clear that IV divestments are driving many of the assertions to date.

 

                                      PTAB (40)

Case Number Action Owner Petitioner Patent
IPR2020-01020 Filed Arbor Global Strategies LLC, Samsung Electronics Co., Ltd. RE42035
IPR2020-01021 Filed Arbor Global Strategies LLC, Samsung Electronics Co., Ltd. 7282951
IPR2020-01022 Filed Arbor Global Strategies LLC, Samsung Electronics Co., Ltd. 6781226
IPR2020-01006 Filed IP Reservoir, LLC Activ Financial Systems, Inc. 10121196
IPR2020-00971 Filed Best Medical International, Inc., Elekta, Inc. 6393096
IPR2020-00986 Filed Castlemorton Wireless LLC Arista Networks, Inc.
Juniper Networks, Inc.
RPX Corporation
7835421
IPR2020-00928 Filed Midwest Energy Emissions Corp. NRG Energy, Inc.
Talen Energy Corporation
Vistra Energy Corp.
8168147
IPR2020-00985 Filed Monterey Research, LLC Advanced Micro Devices, Inc. 6651134
IPR2020-00987 Filed SK Battery America, Inc. SK Innovation Co., Ltd. 7638241
IPR2020-01015 Filed Masimo Corporation Sotera Wireless, Inc. 9795300
IPR2020-01019 Filed Masimo Corporation Sotera Wireless, Inc. RE47353
IPR2020-00972 Filed Qwikcash, LLC Unified Patents, LLC 8714445
IPR2020-01016 Filed Advanced Bionics AG Med-El Elektromedizinische Gerate Ges.m.b.H. 8155746
IPR2020-00957 Filed Geigtech East Bay LLC Lutron Electronics Co. Inc. 10294717
IPR2020-00993 Filed Gree, Inc. Supercell OY 10286318
IPR2020-00994 Filed Paice LLC & The Abell Foundation, Inc. Bayerische Motoren Werke Aktiengesellschaft
BMW of North America, LLC
7104347
IPR2020-01012 Filed Universal Electronics, Inc. Roku, Inc. 7589642
IPR2020-00988 Filed The Trustees Of Columbia University In The City Of New York Illumina, Inc. 10407458
IPR2020-01013 Filed IP Reservoir, LLC Activ Financial Systems, Inc. 9047243
IPR2020-00983 Filed NavBlazer, LLC Unified Patents, LLC 9885782
IPR2020-00970 Filed Best Medical International, Inc., Elekta, Inc. 6393096
IPR2020-00989 Filed Monterey Research, LLC Advance Micro Devices, Inc 6765407
IPR2020-00984 Filed STC.Unm GlobalFoundries, Inc. 9142400
IPR2020-00981 Filed SK Battery America, Inc. SK Innovation Co., Ltd. 7771877
IPR2020-00991 Filed LG Chem, Ltd. SK Innovation Co., Ltd.
SK Battery America, Inc.
8012626
IPR2020-01010 Filed IP Reservoir, LLC Activ Financial Systems, Inc. 10062115
IPR2020-00992 Filed LG Chem, Ltd. SK Innovation Co., Ltd.
SK Battery America, Inc.
8012626
IPR2020-00663 Filed Intertrust Technologies Corporation Dolby Laboratories, Inc. 7406603
IPR2020-00977 Filed Proxicom Wireless, LLC Target Corporation 8369842
IPR2020-00962 Filed Pfenex Inc. GlaxoSmithKline Biological S.A. 8530171
IPR2020-00995 Filed B# On Demand, LLC Unified Patents, LLC 9553880
IPR2020-00990 Filed Monterey Research, LLC Advance Micro Devices, Inc 6534805
IPR2020-00958 Filed Geigtech Eas Bay, LLC Lutron Electronics Co. Inc. 10294717
PGR2020-00065 Filed Cizion, LLC d/b/a Vulcan Industrial Manufacturing 10591070
IPR2020-00926 Filed Midwest Energy Emissions Corp. NRG Energy, Inc.
Talen Energy Corporation
Vistra Energy Corp.
8168147
IPR2020-00996 Filed 2Bcom, LLC Unified Patents, LLC 7127210
IPR2020-00895 Filed Avanos Medical Sales, LLC Medtronic, Inc., 8882755
IPR2020-00982 Filed SK Battery America, Inc. SK Innovation Co., Ltd. 7771877
IPR2020-01014 Filed IP Reservoir, LLC Activ Financial Systems, Inc. 7921046
IPR2020-00934 Filed Proxicom Wireless, LLC Target Corporation 8385896
IPR2020-00259 Not Instituted – Merits Neodron Ltd. Samsung
Samsung Electronics Co., Ltd.
Samsung Electronics America, Inc.
8102286
IPR2020-00117 Not Instituted – Procedural (314 NHK discretion) Uniloc 2017 LLC Samsung
Samsung Electronics America, Inc.
7136999
IPR2017-01712 Instituted Regents of the University of Minnesota Gilead Sciences, Inc. 8815830
IPR2019-01280 Final Written Decision Realtime Adaptive Streaming, LLC
Sheppard Mullin Richter & Hampton LLP
Comcast Cable Communications, LLC
Netflix, Inc.
7386046
IPR2019-00164 Final Written Decision Caris MPI, Inc. Foundation Medicine, Inc. 8880350
IPR2019-00171 Final Written Decision Caris MPI, Inc. Foundation Medicine, Inc. 9383365
IPR2019-00209 Final Written Decision Realtime Adaptive Streaming, LLC Netflix, Inc.
Comcast Cable Communications, LLC
7386046
IPR2019-00224 Final Written Decision Rovi Guides, Inc. Comcast Cable Communications, LLC 7827585
IPR2019-00189 Final Written Decision Genscape Intangible Holding, Inc. Live Power Intelligence Company NA, LLC 6714000
IPR2019-00170 Final Written Decision Catis MPI, Inc.
Caris MPI, Inc.
Foundation Medicine, Inc. 9372193

                           District Court (106)

Case Number Action Plaintiff Defendant Patent
2:20-cv-00156 Filed Smart Lock, LLC [East Texas Patent Management] Alfred International, Inc. 7012503
4:20-cv-00434 Filed Post Media Systems LLC [Empire IP] Aspiro AB 7069310
7472175
8725832
8959181
4:20-cv-03520 Filed Sipco Vigilent Corp. 7103511
6914893
8964708
1:20-cv-00691 Filed Stormborn Technologies LLC [IP Edge] ORBCOMM, Inc. RE44199
1:20-cv-11007 Filed EcoFactor, Inc. Alarm.com, Inc.
Alarm.com Holdings, Inc.
8180492
8412488
8738327
10534382
6:20-cv-00428 Filed Daedalus Blue, LLC [IBM selloff] Oracle Corporation
Oracle
6920494
7177886
8572612
8671132
9032076
4:20-cv-00440 Filed Consolidated Transaction Processing, LLC [Equitable IP] GameStop Corp. 8396743
8712846
2:20-cv-04744 Filed Tunnel IP LLC [IP Edge] JVC Kenwood Corp. 7916877
8:20-cv-00983 Filed Swirlate IP, LLC [IP Edge] Getac, Inc. 7154961
7567622
7154861
1:20-cv-03154 Filed Ramot Hills LLC Homy Casa Limited D845679
1:20-cv-01171 Filed Noco Co. Shenzhen Gooloo E-Commerce Co., Ltd. 9007015
1:20-cv-01173 Filed Noco Co. Nice Team Enterprise Limited 9007015
1:20-cv-01174 Filed Noco Co. Aukey Technology Co., Ltd. 9007015
2:20-cv-00166 Filed JG Technologies, LLC [James Geer] General Motors 7952511
2:20-cv-00173 Filed JG Technologies, LLC [James Geer] Toyota 7952511
3:20-cv-03586 Filed Celebration IP, LLC [IP Edge] Alpha Omega Semiconductor, Inc. 6346795
3:20-cv-03593 Filed SAPPHIRE CROSSING, LLC [IP Edge] Evernote Corp. 6891633
5:20-cv-03588 Filed Celebration IP, LLC [IP Edge] Tenergy Corp. 6346795
2:20-cv-02545 Filed Boehringer Ingelheim Pharma GMBH & CO. KG
Boehringer-Ingelheim
BOEHRINGER INGELHEIM INTERNATIONAL GMBH
HEC Pharm Co., Ltd.
HEC PHARM USA, Inc.
6:20-cv-00437 Filed Omnitek Partners LLC General Motors
4:20-cv-00432 Filed Post Media Systems LLC [Equitable IP] Saavn Media Pvt., Ltd. 7069310
7472175
8725832
8959181
1:20-cv-00692 Filed Stormborn Technologies LLC [IP Edge] Lantronix, Inc. RE44199
1:20-cv-00693 Filed Guada Technologies, LLC [IP Edge] 3M Co. 7231379
1:20-cv-00695 Filed Guada Technologies, LLC [IP Edge] United Rentals, Inc. 7231379
3:20-cv-00958 Filed Omnitracs, LLC
XRS Corp.
Platform Science, Inc. 9262934
7043365
8626568
10255575
6925308
7725216
9147335
6:20-cv-00421 Filed Zeroclick, LLC [IP Nav] Dell Technologies 7818691
6:20-cv-00425 Filed Zeroclick, LLC [IP Nav] Samsung Group 8549443
7818691
6:20-cv-00427 Filed Daedalus Blue, LLC [IBM selloff] Oracle Corporation
Oracle
2:20-cv-00158 Filed CommWorks Solutions, LLC [IP Investments Group] Cable One, Inc. dba Sparklight 6832249
6891807
7027465
7177285
7463596
7760664
7911979
8116315
RE44904
1:20-cv-00472 Filed Altria Client Services LLC
US SMOKELESS TOBACCO COMPANY LLC
Reynolds American Inc. 10143242
10264824
10299517
10485269
10492541
10588357
7798319
8458996
8556070
5:20-cv-01162 Filed Tunnel IP LLC [IP Edge] Best Buy Co., Inc. 7916877
2:20-cv-04806 Filed Smart Lock, LLC [East Texas Patent Management] LH Licensed Products, Inc. 7012503
2:20-cv-00163 Filed JG Technologies, LLC BMW 7952511
2:20-cv-00167 Filed JG Technologies, LLC [James Geer] American Honda Motor Co., Inc. 7952511
1:20-cv-00716 Filed Nitetek Licensing LLC [IP Edge] Ingeteam Inc.
1:20-cv-00720 Filed Jewell Pathway LLC [IP Edge] Puma North America, Inc.
1:20-cv-04108 Filed Jewell Pathway LLC [IP Edge] POLAR ELECTRO Inc.,
6:20-cv-00436 Filed Omnitek Partners LLC Ford Motor
6:20-cv-00440 Filed Omnitek Partners LLC Toyota
6:20-cv-00443 Filed CDN INNOVATIONS, LLC [IP Investments Group] Hitachi, Ltd.
6:20-cv-00445 Filed CDN INNOVATIONS, LLC [IP Investments Group] MICROCHIP TECHNOLOGIES INCORPORATED
1:20-cv-01479 Filed Smart Lock, LLC [East Texas Patent Management] LockState, Inc. 7012503
1:20-cv-00694 Filed Guada Technologies, LLC [IP Edge] Apex Tool Group, LLC 7231379
6:20-cv-00423 Filed Zeroclick, LLC [IP Edge] Microsoft 7818691
2:20-cv-00157 Filed Zyrcuits IP LLC [IP Edge] Ingersoll-Rand Co. 6671307
2:20-cv-00160 Filed CommWorks Solutions, LLC [IP Investments Group] AMG Technology Investment Group, LLC dba Netlink 6832249
6891807
7027465
7177285
7463596
7760664
7911979
8116315
RE44904
4:20-cv-00437 Filed Consolidated Transaction Processing, LLC [Equitable IP] Franchise Group, Inc.
Vitamin Shoppe Industries, LLC
Vitamin Shoppe, Inc.
Vitamin Shoppe, LLC
8396743
8712846
4:20-cv-00439 Filed Consolidated Transaction Processing, LLC [Equitable IP] Petco Animal Supplies, Inc. 8396743
8712846
1:20-cv-00706 Filed Massachusetts Institute of Technology
Ethanol Boosting Systems, LLC
Ford Motor 9708965
10619580
1:20-cv-01500 Filed Zyrcuits IP LLC [IP Edge] Hitron Technologies Americas, Inc. 6671307
5:20-cv-00223 Filed Terminal Reality, Inc.
Infernal Technology, LLC
Ubisoft, Inc.
Ubisoft Entertainment SA
6362822
7061488
4:20-cv-01847 Filed Graco, Inc.
Graco Minnesota, Inc.
Akurate Dynamics, LLC 9939822
6:20-cv-00429 Filed Forutome IP, LLC [IP Edge] Radian Research, Inc. 6191607
1:20-cv-01166 Filed Noco Co. Shenzhen Yike Electronics Co., Ltd. 9007015
1:20-cv-01170 Filed Noco Co. Zhejiang Quingyou Electronic Commerce Co., Ltd. 9007015
2:20-cv-00170 Filed JG Technologies, LLC [James Greer] Mercedes-Benz 7952511
5:20-cv-03611 Filed Aperture Net LLC [IP Edge] Allied Telesis, Inc. 6711204
1:20-cv-03193 Filed Nitetek Licensing LLC [IP Edge] HMS Industrial Networks, Inc. 7020105
6661783
1:20-cv-00713 Filed Revolar Technology Inc. GuardLlama, Inc.
1:20-cv-00718 Filed Tunnel IP LLC [IP Edge] Onkyo USA Corporation
7:20-cv-04140 Filed DigiMedia Tech, LLC [IP Investments Group] Fujifilm Holdings America Corp.
1:20-cv-11032 Filed Converse, Inc. Steven Madden, Ltd. D873547
D874106
4:20-cv-00555 Filed Midas Green Technologies, LLC Immersion Systems LLC
1:20-cv-00570 Filed Jewell Pathway LLC [IP Edge] Under Armour Inc
6:20-cv-00441 Filed Omnitek Partners LLC Volvo Car Co.
4:20-cv-00431 Filed Post Media Systems LLC [Equitable IP] Stingray Group, Inc. 7069310
7472175
8725832
8959181
1:20-cv-00697 Filed Vifor Fresenius Medical Care Renal Pharma Ltd.
Vifor Fresenius Medical Care Renal Pharma France SAS
Lupin Limited 10624855
1:20-cv-00699 Filed TableSafe, Inc. DinerIQ, Inc. 7370794
2:20-cv-00264 Filed Sundesa, LLC dba The BlenderBottle Co. Gleeb, LLC 8695830
D748478
D820038
1:20-cv-01169 Filed Noco Co. Sui Cheng Limited
Guangzhou Unique Electronics Co., Ltd.
9007015
2:20-cv-00162 Filed Celebration IP, LLC [IP Edge] STMicroelectronics 6346795
2:20-cv-00164 Filed JG Technologies, LLC FCA US LLC 7952511
2:20-cv-00168 Filed JG Technologies, LLC Hyundai Motor America, Inc. 7952511
2:20-cv-00172 Filed JG Technologies, LLC Tesla, Inc. dba Tesla Motors, Inc. 7952511
2:20-cv-00175 Filed JG Technologies, LLC Volvo Car Co. 7952511
3:20-cv-03587 Filed Celebration IP, LLC Renesas Electronics Corp. 6346795
3:20-cv-03594 Filed Nitetek Licensing LLC [IP Edge] ChargePoint, Inc. 7020105
6661783
1:20-cv-00717 Filed Nitetek Licensing LLC [IP Edge] Crane Merchandising Systems, Inc.
1:20-cv-00719 Filed Tunnel IP LLC [IP Edge] Pioneer Corp
6:20-cv-00438 Filed Omnitek Partners LLC Here Global B.V., Inc.
6:20-cv-00439 Filed Omnitek Partners LLC Mazda Motor Corp.
2:20-cv-00155 Filed Universal Arbor, LLC [Endpoint IP] Hangzhou Great Star Industrial Co., Ltd. 10245744
1:20-cv-00696 Filed Swirlate IP, LLC [IP Edge] Lytx, Inc. 7154961
7567622
6:20-cv-00422 Filed Zeroclick, LLC [IP Nav] LG Corp. 8549443
7818691
6:20-cv-00424 Filed Zeroclick, LLC [IP Nav] Samsung Electronics Co., Ltd. and Samsung electronics America, Inc.,
1:20-cv-00591 Filed Sundesa, LLC dba The BlenderBottle Co. Gleeb, LLC 8695830
D748478
D820038
2:20-cv-00159 Filed CommWorks Solutions, LLC [IP Investments Group] Consolidated Communications Holdings, Inc.
Consolidated Communication Enterprise Services, Inc.
6832249
6891807
7027465
7177285
7463596
7760664
7911979
8116315
RE44904
4:20-cv-00438 Filed Consolidated Transaction Processing, LLC [Equitable IP] PetSmart, Inc. 8396743
8712846
1:20-cv-04080 Filed University of South Florida Board of Trustees
USF Research Foundation
Fujifilm Medical Systems USA, Inc. 6630937
5:20-cv-05095 Filed R & R Packaging, Inc. Evenflo Co., Inc. 9189943
9424728
4:20-cv-01852 Filed Vulcan Energy Services, LLC
Vulcan Industrial Holdings, LLC
Cizion, LLC dba Vulcan Industrial Manufacturing, LLC
Kelcy Jake Foster
Defendant Kerr Machine Co.
Mark S. Nowell
10591070
5:20-cv-03522 Filed Xiaohua Huang Fry’s Electronics, Inc. 6744653
6999331
RE45259
5:20-cv-03560 Filed Forutome IP, LLC [IP Edge] Elecraft Incorporated 6191607
2:20-cv-00165 Filed JG Technologies, LLC [James Geer] Ford Motor 7952511
2:20-cv-00169 Filed JG Technologies, LLC [James Geer] Jaguar Land Rover Ltd 7952511
2:20-cv-00171 Filed JG Technologies, LLC [James Geer] Nissan Motor Co., Ltd. 7952511
2:20-cv-00174 Filed JG Technologies, LLC [James Geer] Volkswagen 7952511
5:20-cv-03590 Filed SAPPHIRE CROSSING, LLC [IP Edge] ABBYY Software House, Inc. 6891633
5:20-cv-03613 Filed Aperture Net LLC [IP Edge] Digi International, Inc.
Opengear, Inc.
6711204
2:20-cv-02549 Filed DigiMedia Tech, LLC [Ip Investments Group] Olympus, Corp.
Okamura Corp.
Olympus Corporation
3:20-mc-00040 Filed
6:20-cv-00432 Filed Oceana Innovations LLC [Endpoint IP] CHARTER COMMUNICATIONS
6:20-cv-00442 Filed CDN INNOVATIONS, LLC [IP Investments Group] Broadcom, Inc.
6:20-cv-00444 Filed CDN INNOVATIONS, LLC [IP Investments Group] Mediatek Inc.
MediaTek
2:20-cv-00816 Filed Aperture Net LLC [IP Edge] Watchguard Technologies, Inc.

The Author

Jonathan Stroud

Jonathan Stroud is Chief IP Counsel at Unified Patents, LLC, where he manages a growing team of talented, diverse attorneys and oversees a docket of administrative challenges, appeals, licensing, and district court work in addition to IP, administrative, amicus, policy, marketing, and corporate matters.

Prior to Unified he was a patent litigator for Finnegan, Henderson, Farabow, Garrett & Dunner LLP, and a former medical devices patent examiner at the USPTO. He earned his J.D. with honors from the American University Washington College of Law; his B.S. in Biomedical Engineering from Tulane University; and his M.A. in Print Journalism from the University of Southern California. He enjoys teaching, writing, and speaking on patent and administrative law.

Warning & Disclaimer: The pages, articles and comments on IPWatchdog.com do not constitute legal advice, nor do they create any attorney-client relationship. The articles published express the personal opinion and views of the author and should not be attributed to the author’s employer, clients or the sponsors of IPWatchdog.com. Read more.

Discuss this

There are currently 11 Comments comments. Join the discussion.

  1. Josh Malone June 3, 2020 4:45 pm

    I have suspected that U.S. patents are underwater and being traded for less than the $40K it costs to produce them (not counting R&D expense). This analysis seems to support that U.S. patents have become a net liability rather than an asset.

    It is hard to understand why filings have not dropped more. I suppose inventors have similar levels of desperation and financial acumen as lottery players.

  2. Anon June 3, 2020 6:33 pm

    Mr. Malone,

    Large scale filers remain (for the most part) large scale filers.

    Of course, they are much better positioned to be able to afford to weather the storm and keep up the mechanics (in case the drop off of small entities DOES become precipitous and there is a “change of heart” in Congress).

  3. Jonathan Stroud June 3, 2020 11:04 pm

    Assertors/sellers are making plenty of money, and AST reports that Q1 had more transactions than any quarter since 2010. AST has most major transactions recorded, and notes even mid-last year that acquisitions were on the rise, and they are: https://www.ast.com/news_article/iam-ast-quarterly-report-operating-company-dominance-of-the-patent-deals-market-continues-latest-data-reveals/

    What companies are looking for certainly has changed, but at least Endpoint IP acquired 2,507 (or more) patents from IV, and they’ve been busy parceling them out and asserting. Burford Capital invested $400 million in Acacia research at the turn of the year, and the capital folks to their homework. The average asking price has been kicking around $140-$200,000 per patent for years, though that’s obviously with a high standard deviation (some very large expensive acquisitions, and other very small ones). Richardson Oliver Insights puts out a regular reputable report: https://roipatents.com/

  4. Ternary June 3, 2020 11:34 pm

    “You have to love the names of these entities.” (The names being American Patents and Liberty Patents. Unless he meant Antonelli, Harrington and Thompson; who knows what sets these UP guys off.) Those names are not any worse than Unified Patents, a non-practicing entity (NPE) if there ever was one.

  5. Anon June 4, 2020 9:24 am

    Less spin please, Mr. Stroud.

  6. Anon June 4, 2020 10:14 am

    My comment at 5 was written prior to Mr. Stroud’s comment at 3 and applies to the article rather than to his follow-on comment.

  7. Josh Malone June 4, 2020 10:20 am

    Of course they are making money, they are buying patents for $10,000! The inventors and original investors took a huge loss. The NPEs are the only ONLY who can make money in this system. It has nothing to do with innovation.

  8. Marc Booth June 4, 2020 10:48 am

    Better get your facts straight Mr. Stroud. “and recently offloaded thousands to Acacia…”. Acacia has not purchased nor do they have any interest in any IV patents. Your articles read more like smear campaigns than actual news.

  9. Anon June 4, 2020 11:56 am

    Mr. Booth,

    I will point out that Mr. Stroud has in the past attempted to distinguish some of his writing as being objective and NOT related to his role at Unified Patents.

    This here fails to reach that standard.

    Mr. Stroud, by so engaging in advocacy rather than objective commentary, you run the risk of ALL of your comments being dismissed out of hand.

    I do not think that you want to do that.

  10. Jonathan Stroud June 4, 2020 6:47 pm

    Fair enough. To Marc’s point, he’s right—Acacia recently purchased thousands of patents from the Excalibur portfolio, not the Intellectual Ventures one—that was Endpoint IP. I regret the error there.

    And I think talking about the purchasing and structure of some of these deals and entities is important and it appears no one else is doing so, but I take your point that being glib isn’t necessary—it wasn’t my intent to muddle the message. I can provide sourcing (I tried to link to the assignment records discussed) and be more even-handed when discussing it, but it can’t be argued credibly that sales of patents are up and the average asking price is hundreds of thousands.

    To Josh’s point, the structure of the deal (at least, that one deal) guarantees IV millions of dollars, it’s just parcelled out in a way that the upfront payment is $10,000 for that one portfolio, and they have to pay back step-raise amounts of hundreds of thousands of dollars for three years depending on how much money they recoup in their licensing efforts. I thought discussing the structure of the deal there (which is just one deal, sure) would help drive home what is evident—the IV is selling off their assets and has been for few years, and that’s driving much of the secondary market’s liquidity and sales these past few years (in particular the past few months). This week’s filings were in substantial part attributable to those sales, which seems newsworthy, or at least helpful context. But again, all points well taken. I’ll try to be more even-handed in the future.

  11. Jonathan Stroud June 4, 2020 6:49 pm

    Though Marc, in reviewing what I wrote and what I meant to say, they have been offloading assets to Acacia and other entities—thousands in total, not thousands to Acacia per se. But I see the confusion I caused there.

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