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28 May 2015

SCOTUS Commil decision is one part boost to patent rights one part feeding the “troll” narrative

There’s no doubt that for most readers of this blog the real interest in Justice Kennedy’s majority opinion from earlier this week in the case of Commil v Cisco came in his concluding remarks. The 6-2 Supreme Court decision (Justice Scalia wrote a…

26 May 2015

IAM benchmarking respondents offer more evidence of patent litigation shift from the US to Europe

The United States is now facing serious competition as the venue of choice for the resolution of multinational patent disputes, according to the findings of this year’s IAM IP Benchmarking survey. Although the country is still widely regarded as the…

24 May 2015

There is an intellectual dishonesty at the heart of the case for US patent reform that needs to be discussed

One notable aspect of the debate over whether there is a need for further legislative reform of the US patent system is that almost without fail those who call for new laws do so on the basis that only by making it harder for all patent owners to…

22 May 2015

Lycos patent sale may be happening two years too late

The news this week that Lycos is looking to dispose of some of its patents afforded tech bloggers the opportunity to remind their readers that yes, one of the iconic internet search brands of the before-Google era still exits. For those in the…

22 May 2015

World’s largest asset manager enters the IP financing game with wearables loan

BlackRock – the world’s biggest investment firm with over $4.6 trillion of assets under management – is loaning wearable technology company Jawbone $300 million against its intellectual property and other intangible assets. According to a Bloomberg…

21 May 2015

PWC’s annual litigation report shows just how stacked the US patent system is against the small inventor

If you’re a regular patent market observer there’s probably not too much to surprise you in PWC’s latest patent litigation report. Covering 2014, it shows that the overall number of cases in the year was down, but that was already apparent from…

19 May 2015

There is nothing wrong with privateering; patent owners are entitled to maximise the value of their assets

In the last couple of years there have been several attempts to stymie privateering – the model by which operating companies sell patents to an NPE which then seeks to monetise them, usually through an assertion campaign. The original owner may…

14 May 2015

Monetisation options outside the courtroom are growing, but their ability to deliver remains open to question

If you’re a patent owner, monetising your IP in the US may seem like a tough task right now. The traditional licensing route has become so mired in litigation and re-exam challenges that it is increasingly only open to the richest plaintiffs. And…

12 May 2015

“Those who really love it” – the very slanted views of patent witnesses called by Congress

One of the standout comments from last week’s Senate Judiciary Committee Hearing on the PATENT Act came from Senator Durbin. He remarked that the five witnesses called appeared divided between “those who love” the bill and “those who really love” it…

11 May 2015

If companies did not infringe NPE patents, the cost they incurred from NPE litigation would be much lower

Yesterday this blog took a look at the huge difference in the amount of costs incurred by operating companies in the US as the result of NPE litigation put forward by Boston University professors James Bessen and Michael Meurer on the one hand, and…

10 May 2015

The cost of NPE disputes in the US and the $16.8 billion gap between RPX and Bessen & Meurer

In June 2012, James Bessen and Michael Meurer published their frequently-cited paper “The Direct Costs from NPE Disputes”, with its headline grabbing claim that US companies “accrued $29 billion of direct costs in 2011” as a result of NPE assertions…

08 May 2015

It’s not just big pharma that wants to see IPR reform in US patent legislation

For over an hour yesterday, as the Senate Judiciary Committee hearing on the recently introduced PATENT Act unfolded, it seemed like we were in patent fantasyland. Except for some predictable comments from the deputy general counsel of pharma giant…

08 May 2015

More evidence that Chinese patent values could rise as Apple win shows increasing court focus on quality

On the sidelines of the INTA annual meeting in San Diego, IAM attended a seminar on the last year’s changes to trademark law in China. There was a nice bonus at the end, though, in the form of a discussion of patent litigation trends from Wan Hui Da…

07 May 2015

For small NPEs looking for growth Japan might provide the best opportunity

As keen readers of this blog will know, we have subscribed to the idea that a period of consolidation among NPEs, and publicly traded IP companies in particular, is going to be one of the trends in the patent market over the next few years. In March…

04 May 2015

Unwired Planet’s $1 million man could be the key to unlocking its potential

Last week Unwired Planet held its first quarterly investor call since it announced that Boris Teksler would be taking over as CEO. Not surprisingly Teksler’s hire, which will surely prove to be one of the most significant in the patent world in 2015…