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Topic: Patent troll


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In the News (Wed 3 Dec 08)

  
  The Case for Abandoning the Term "Patent Troll"
Quite simply, patent trolls, like the supernatural creatures from Scandinavia from which their name is derived, are a fiction, and are far less of a threat than others who abuse the patent system.
Moreover, considering that a patent’s value depends on the willingness of the patentee to enforce it by excluding others, regardless of whether the patentee is practicing the patent, it is clear that the actual practice standard completely misunderstands and ignores the fundamental attributes of the patent system.
Proponents of the term “patent troll” frequently rely upon colorful anecdotes to support their allegations that the problem of frivolous patent lawsuits is rampant, and that trolls are a serious threat to the patent system and the U.S. economy.
www.rkmc.com /The_Case_for_Abandoning_the_Term_Patent_Troll.htm   (3066 words)

  
 PATPRESS.COM: Patent Law - Patent Troll
Patent troll (also rarely "patent pirate") is a pejorative and controversial phrase coined by former Intel assistant general counsel Peter Detkin in 2001 to describe an individual or company with a patent portfolio containing important, fundamental software patents that it never intended to commercialize.
A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing...
Patent troll is a pejorative and controversial phrase coined by former Intel assistant general counsel Peter Detkin in 2001 to describe an individual or company with a patent portfolio containing important, fundamental...
www.patpress.com /law/troll.html   (521 words)

  
 Patent Prospector: D.C. Patent Troll Hoedown   (Site not responding. Last check: 2007-11-06)
Patent trolls and their detractors, often the same thing, convened to lament their own existence.
Patent trolls and their detractors, often the same thing, convened en masse last week in our nation's capitol to lament their own existence.
Detkin trilled that patent trolls are different from patent licensing companies, such as his now-beloved Intellectual Ventures, because patent trolls buy patents to: 1) game the system, 2) are quick to litigate, and 3) assert patents of highly questionable merit.
www.patenthawk.com /blog/archives/2005/03/patent_troll_ho_1.html   (625 words)

  
 Patent troll - Wikipedia, the free encyclopedia
Patent troll is a derogatory term used to describe a patent owner, frequently a small company, which enforces patent rights against accused infringers, but does not manufacture products or supply services based on the patents in question.
The expression "patent troll" is a pejorative and controversial phrase attributed to former Intel assistant general counsel Peter Detkin.
Patent protection grants an inventor (or his or her assigns) a right to exclude others from making, using and selling the patented invention for the term of the patent.
en.wikipedia.org /wiki/Patent_troll   (3182 words)

  
 Foley & Lardner LLP - Publications - Patent Troll Ahead
A patent troll is a patent holder who has acquired patents for the express purpose of demanding patent licenses, which generally cost less than litigation.
Patent exploitation in the form of enforcement and licensing can serve the legitimate purpose of permitting companies to reap a return on their investment in research and development.
Trolls may purchase patents from individual inventors, through third-party patent auctions, or even directly from a company wanting to make money selling patents that were obtained but never used in any enforcement action.
www.foley.com /publications/pub_detail.aspx?pubid=3632   (1163 words)

  
 TROLL OR NO TROLL? POLICING PATENT USAGE WITH AN OPEN POST-GRANT REVIEW
Patent watchdog groups argued that JGR--a potential patent troll formed solely to purchase Commerce One's patents--should not be able to use the patents as a vehicle to extract licensing fees and that the patents should lapse into the public domain.
Under the current patent system, when a troll begins enforcing his patent, companies who are using the troll's technology are virtually compelled to pay a licensing fee because a finding of infringement would result in the automatic issuance of a permanent injunction and other penalties.
Patent trolls should be unable to capitalize on market uncertainty by allowing others to unknowingly develop infringing technologies while waiting in the wings to subsequently appear and extract licensing fees.
www.law.duke.edu /journals/dltr/articles/2005dltr0009.html   (5795 words)

  
 Patent Prospector: Anti-Patent Troll   (Site not responding. Last check: 2007-11-06)
Furthermore, patent applicants can use this information to write patent claims that cover important activities while avoiding the known prior art that could invalidate the claims.
"[P]atent applicants can use this information to write patent claims that cover important activities while avoiding the known prior art that could invalidate the claims." - Rather muddle-headed statement, but Stallman appears to be referring to the novelty of patent claims over the prior art.
OSDL appears clear-headed that software patents are not going away, at least in the forseeable future, and in seeing a need to help provide weed killer for those weedy patents that should never take root.
www.patenthawk.com /blog/archives/2006/09/antipatent_trol.html   (888 words)

  
 Wahab & Medenica LLC Biz-Media-Law Blog   (Site not responding. Last check: 2007-11-06)
"Patent troll" is a not so friendly term used to describe a patent owner, usually a shell company, whose express purpose it is to amass patents and acquire licenses for such patents, under threat of infringement litigation and certain injunction.
Under the calculus of settlement, the troll will seek to leverage their threat in a way that spares the "infringer" the bloody nose of a costly litigation, but still results in significant royalties for the troll.
Patent protection on the other hand is designed to provide incentive for invention, much like copyright is deigned to provide incentive for original creation—in both cases the protection is a reward for innovation in the abstract, not commercialization.
www.wrlawfirm.com /Blog/2006/05/patent-troll-without-club.html   (664 words)

  
 Intellectual Property Discussion Forum - Patent Troll - defined
These patent system bottom feeders have now become so common that Intel has coined a term to describe them: "patent trolls." Several problems contribute to making this "patent troll" business model a simple and effective source of illegitimate profit irrespective of the quality of the patent.
For example, if the troll can claim that the patent covers $5 billion in annual revenue, that troll will ask for a royalty fee of a few percentage points of revenue; e.g., $150 million per year.
Patent trolls serve an essential function in innovation by increasing the liquidity of intellectual property.
forum.ip.com /posts/list/22.page   (411 words)

  
 Patently-O: Patent Law Blog: Patent Trolls: Fact or Fiction
A patent troll should be defined as someone that holds a patent and uses the high cost of litigation as a big stick to get money from someone with deep pockets, and the deep pockets pay solely on price of settlement vs. price of litigation.
Patent trolls should not be defined as someone that does not produce a product - that would be too close to the garage inventor that is so dear to American culture.
The proposed "protection" from "Patent Trolls" essentially means that if an invention that is new, useful and non-obvious, is patented by an individual or an organization without the capacity to produce the product, their patent rights should not be equal to those of the moneyed giants.
www.patentlyo.com /patent/2006/06/patent_trolls_f.html   (1515 words)

  
 Turns of Phrase: Patent troll
Others register or buy patents, not in order to develop them, but in order to collect money from other firms whose products they consider to be covered by the patents.
have argued the patent system is riddled with abuse, mainly from “patent trolls,” or small businesses that sue established companies to enforce patents for ideas that have never been developed into products.
RIM’s defense throughout the case was that NTP was merely a “patent troll,” hoarding an innovation it never intended to use.
www.worldwidewords.org /turnsofphrase/tp-pat1.htm   (342 words)

  
 GameDaily BIZ: Beware the Patent Troll
Patent suits such as these are likely to become common in the video game industry as patent owners become more aggressive in asserting their rights and target a broad spectrum of defendants.
U.S. Patent No. 6,729,954: "Battle method with attack power based on character group density," assigned to Koei Co. (a character group battle method which can express uneven distribution of attack power, defense strength or the like that is unevenly distributed in a group comprising a plurality of characters is provided).
Not only can you use your patent as a sword against infringers, but a patent can also act as a shield by encouraging cross-licensing programs as a resolution to infringement actions and discourage others from bringing a patent action in the first place if the plaintiff might be subject to a counter-infringement claim.
biz.gamedaily.com /industry/myturn/?id=13861   (1189 words)

  
 BBC NEWS | Business | Technology industry hits out at 'patent trolls'
The National Academy of Sciences is calling for more funding for the patent office where 3,000 examiners handle 350,000 applications a year with an average of 17 to 25 hours to check on the validity of a patent application.
Mr Simon cites one case where a patent troll claimed a patent they had bought for about $50,000 was infringed by all of Intel's microprocessors from the Pentium II onwards and that they were seeking $7 billion in damages.
The last major changes to patent law were in 1952 and there is no legislation before Congress which means that ideas like a patented method for picking up a box by bending your knees may well continue for some time.
news.bbc.co.uk /1/hi/business/3722509.stm   (914 words)

  
 Patent Chronicles » Blog Archive » Defining a Patent Troll   (Site not responding. Last check: 2007-11-06)
Patents give “the right to exclude others from making, using or selling the invention throughout the United States.” Patent trolls would be the ones that would receive no benefit from excluding others (e.g., they don’t have a competitive product or plans to develop one).
They use the threat of litigation (and associated costs) to try to gain licensing fees or cross-licensing without closely scrutinizing the validity of their own patent(s) (and the presumption of validity that comes with an issued patent is not enough).
The “patent troll” label is not a binary one.
www.patentchronicles.com /archives/20050328/patent-trolls   (560 words)

  
 IPcentral Weblog: I Ask You, What is a Patent Troll?
There is sufficient description of what constitutes a "patent troll" to know what one is without vilifying parties that otherwise risk substantial investments and hold patents as the primary means of commercial and technological exchange.
All this patent describes is the idea of using a file to map the attributes from one paradigm to another.
That ORM patent I cited is sufficiently generic as to be the equivalent of the USPTO granting a patent on the very concept of a hybrid engine, rather than the Prius engine.
weblog.ipcentral.info /archives/2006/07/i_ask_you_what_1.html   (2975 words)

  
 FOXNews.com - 'Patent Trolls' May Live or Die by EBay Supreme Court Ruling - Technology News | News On Technology
Loosely defined, a patent troll is a company that owns a portfolio of technology patents but never manufactures anything or licenses the patents for use by others.
No where does the patent troll problem seem more profound than in the world of high technology, where eBay (EBAY), of San Jose, Calif., and a bevy of other high-tech companies argue that the practice is rampant.
Trolls, flmails, extortion, and other vitriol grows from a case eBay initiated after a federal jury in Virginia decided in 2003 that eBay had violated two patents held by MercExchange, a Great Falls, Va.-based company.
www.foxnews.com /story/0,2933,189729,00.html   (1120 words)

  
 Techdirt: Patent Troll Wins Again
If the government insists on granting patents on software, then we must insist that the holder of the patent be required to use, license and/or enforce the patent within a very short time frame (say one or two years) to maintain the full life of the patent, otherwise the patent expires.
Not that it matters, but there are tens of thousands of patents involved in building the house, from the tools, the appliances, the fixtures, even the design of the windows and fasteners.
In 1978 pharma patents came to Italy and the industry practically disappeared, because the incentive was gone to invest in new drugs.
www.techdirt.com /articles/20051215/1210207_F.shtml   (1993 words)

  
 Who are the "Patent Trolls"?   (Site not responding. Last check: 2007-11-06)
One could also use the word "patent troll" for the corporate patent lawyers who have created the environment in which the behaviour which they now deplore is a rational choice.
Hartmut Pilch: The term "patent trolls" should really be reserved for those corporate patent lawyers who now, after they succeded in lobbying governments for unlimited patentability, appear dismayed to find their company on the wrong end of the stick and start calling the winners bad names.
Tim Frain, patent troll of Nokia and EICTA
wiki.ffii.org /PatentTrollsEn   (407 words)

  
 Patently-O: Patent Law Blog
In general, the PTA is an attempt to retain a patent term of approximately 17–years from issuance.
She has litigated patent cases in Federal Courts, drafted patent applications, passed the PTO registration examination, and now is an attorney for Google in California.
Patent Misuse: Plaintiffs who are fighting-off patent misuse allegations should take a look at Professor David McGowan’s recent article where he argues that under Illinois Tool Works, courts may limit tying-misuse remedies to compensate the actual victims of the misuse.
www.patentlyo.com /patent   (4055 words)

  
 IPBiz: Wisconsin State Journal--who are the trolls?
In a May 7 article titled Innovators fear the patent trolls, the Wisconsin State Journal features a patent infringement story involving the Madison company Esker which develops business-to-business software, and a small Atlanta firm called Catch Curve claims Esker is violating its patents, which cover fax systems and e-mail.
We have another attempted definition of patent troll: A term that's become popular lately in patent litigation is "patent trolls," used to describe companies that register or buy patents but have no plans to make any product based on the patent.
WARF, a middleman organization that owns patents on discoveries made at the UW and licenses them, could be considered a patent troll under some definitions, he said.
ipbiz.blogspot.com /2006/05/wisconsin-state-journal-who-are-trolls.html   (1036 words)

  
 Beware the Patent Troll
Patent trolling is a revenue stream for companies who come up with a vague idea, patent it, and "sue the hell" out of anyone who uses it
The AVG patent is an old patent that's been out for a number of years — no one's really conscious of it — and it's fundamental to what goes on in a game.
Then, the patent says that anyone that achieves the same result, even if they attack it in a different way, is infringing upon this particular methodology.
www.businessweek.com /innovate/content/mar2006/id20060322_979602.htm   (1611 words)

  
 PHOSITA® : Trying to Burst the bubble - Just another troll?   (Site not responding. Last check: 2007-11-06)
Now that they've tasted the sweet nector of patent litigation, they have decided that casting a wide net and sitting under a bridge is much more lucrative than being a productive member of society, so they have become a troll.
Universities (and their respective tech transfer offices) may be "patent trolls" in the sense that they lack the ability to self-commercialize products--something, by the way, that is usually outside the scope of their non-profit activities.
A company, individual or other entity whose current sole business objective is the exploitation of a patent or patent portfolio acquired after (but patented before) the adoption of a technology to extract royalties or settlement agreements at values calculated to be near the cost of patent litigation.
www.okpatents.com /phosita/archives/2006/04/trying_to_burst.html   (2044 words)

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