Supreme Court shuts down location loophole for patent suits

Patent trolls have had it pretty easy lately, especially in East Texas. A 2016 ruling by the US Court of Appeals for the Federal Circuit allowed patent suits anywhere a defendant company's products are sold. The Eastern District of Texas has become a...

Patent challengers must prove they have a ‘significant presence’ in the US: ITC

Patent trolls must prove they have a 'significant presence' in the US

The International Trade Commission has become increasingly tired of all the patent mischief it's forced to deal with, just as we've become tired of reporting on it. That's why its latest defense against time-wasters could potentially be a very good idea. According to Reuters, the ITC will soon demand upfront proof that the complainant in a patent case has a "significant presence in the United States" and isn't merely a fly-by-night outfit created for the purpose of pursuing litigation. The new rule has already been trialed in a pilot program, and Google, Intel, HP and others have voiced their support. It can't fix everything, of course, since major companies will still be able to game the system to hamper their rivals, but with the FTC and the White House also taking steps to subject "patent-assertion entities" to greater scrutiny, it feels like the wheels of government may be starting to catch up with the trolls.

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Source: Reuters

FTC planning to take on patent trolls, hopes to reduce frivolous lawsuits

FTC planning to take on patent trolls, hopes to reduce frivolous lawsuits

Sick of endless patent wars yet? According to the New York Times, so is the Federal Trade Commission. Referencing the usual persons briefed on the matter, the NYT reports that FTC chairwoman Edith Ramirez is preparing to propose an inquiry that will put patent-assertion entities -- companies that exist solely to buy and collect royalties on patents -- under federal scrutiny. If approved, patent trolls that catch the FTC's attention will need to detail how they operate and if their legal proceeds pay out to the original patent owner. The chairwoman is expected to explain the proposal in more detail at a patent law workshop later this week. According to the NYT, Ramirez doesn't have any specific company in mind, but aims to investigate companies that might hamper innovation. With any luck, the inquiry will help curb spurious litigation and rampant patent trolling -- something most of us can probably get behind.

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Source: New York Times

Google lobs antitrust complaint against Microsoft, Nokia in EU, claims they’re playing patent footsie (updated)

European Union flags

The gloves just came off at Google: the company has just filed an antitrust complaint with the European Commission against Microsoft and Nokia. Its gripe accuses the two Windows Phone partners of playing dirty pool through handing 1,200 wireless-related patents to Mosaid, a Canadian firm which spends most of its time suing the industry over WiFi rather than making products. Microsoft and Nokia are allegedly hiking the prices of devices by "creating patent trolls" that bypass deals preventing them from suing directly, possibly steering a few companies towards picking Windows Phone instead of Android.

Google argues that it's launching the complaint as an early defensive measure. Neither Microsoft nor Nokia has responded, although there's a degree of irony to the action: the complaints assert that Nokia is jeopardizing standards-based patents, but Google's recent acquisition Motorola has itself come under EU scrutiny for possibly abusing standards with its lawsuits against Apple and Microsoft. Either way, it's clear Google is concerned that Microsoft's Android patent licensing campaign might lose its decorum in the near future.

Update: Nokia's decided to have its say, in an email to Reuters:

"Though we have not yet seen the complaint, Google's suggestion that Nokia and Microsoft are colluding on intellectual property rights is wrong. Both companies have their own IPR portfolios and strategies and operate independently."

Google lobs antitrust complaint against Microsoft, Nokia in EU, claims they're playing patent footsie (updated) originally appeared on Engadget on Thu, 31 May 2012 18:42:00 EDT. Please see our terms for use of feeds.

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Intellectual Ventures’ Nathan Myhrvold defends patent trolling, calls tech industry immature

Intellectual Ventures' Nathan Mhyrvold

Intellectual Ventures' CEO and founder Nathan Myhrvold, who previously spent some 14 years at Microsoft Research, took the stage here at D10, and as predicted, his interview with Walt Mossberg was quite the invigorating one. You may know the man and his company for its vicious patent trolling -- or, what appears to be patent trolling. In essence, a lot of its business comes from acquiring patent portfolios, and then licensing and / or suing companies to "enforce" them. Naturally, Nathan has a radically different perspective than most sane individuals on the matter, insisting that the system isn't necessarily broken, and that "making money from enforcing patents is no more wrong than investing in preferred stock."

The talk centered predominantly around how Intellectual Ventures operates, what it does, and if its CEO feels that the "rat's nest of lawsuits" -- as Walt put it -- was getting out of control. Despite saying that his company has hundreds of people working on new inventions to help deliver medicines in Africa (in response to a question from the crowd on whether his outfit was truly helping people), he confessed that suing to enforce patents was simply another method of capitalism working. Care to take a ride on the crazy train? Head on past the break for a few choice quotes from the interview.

Continue reading Intellectual Ventures' Nathan Myhrvold defends patent trolling, calls tech industry immature

Intellectual Ventures' Nathan Myhrvold defends patent trolling, calls tech industry immature originally appeared on Engadget on Wed, 30 May 2012 14:33:00 EDT. Please see our terms for use of feeds.

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