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Page 1 of 60 Sector - IP litigation

Company goes on patent attack just months after receiving financing from Fortress IP group

Back in February this blog ran a story about the IP Finance Group of Fortress making a $4 million loan to Andrea Electronics, secured against the company’s patents. At the same time the group – which is headed up by former RPX president Eran Zur – paid $3 million to get an on-going stake in the audio electronics company’s IP monetisation programme. Now, it seems, that programme is getting underway. Last Friday, 25th July, Andrea filed patent infringement ...

Posted by Joff Wild, IAM Magazine on 28 July 2014 @ 2:33PM
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For NPEs that know what they are doing the current patent environment is far from hostile

Acacia’s share price is heading north so far today after the NPE revealed its second quarter results yesterday and talked through them during a conference call with analysts. They showed the firm enjoying one of its best ever quarterly performances; one that, said CEO Matt Vella “bears testament to the high return on investment potential, time- and risk-adjusted, of Marquee portfolios”, before adding that there is more to come. You can read the full transcript of the ...

Posted by Joff Wild, IAM Magazine on 25 July 2014 @ 5:28PM
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The new UPC regime is not yet in place, but all patent-related deals in the EU must factor it in

Because they remain unclear the transitional provisions relating to the forthcoming EU unitary patent and Unified Patent Court (UPC) are fraught with potential dangers. However, the practical exercise of the opt-out that the provisions envisage is in theory extremely simple: if you do not want your existing patents to be litigated under the UPC, you can register that fact and they will continue to be subject to the jurisdiction of national courts. In the real world, of course, ...

Posted by Joff Wild, IAM Magazine on 24 July 2014 @ 12:05PM
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If US patent reformers are successful they will create a regime that only benefits the big boys

Over on the IP Watchdog blog Gene Quinn has published a fascinating interview with Ray Niro, one of the US’s leading patent litigators and the senior partner of a firm that has won a particularly strong reputation for winning big awards for its clients – many of which are non-practising entities. Because of the types of client that Niro represents a lot of people do not like him or his firm. Do an internet search for either and the term “troll” pops up with ...

Posted by Joff Wild, IAM Magazine on 20 July 2014 @ 11:23AM
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Europe’s UPC transitional provisions mess means complete uncertainty for one and all

We learned last week from Bristows partner Alan Johnson that the transitional provisions relating to Europe’s forthcoming Unified Patent Court (UPC) regime are something of a mess. This week, we find out that things could be even worse than previously explained. Basically, at this stage no patent owner in Europe – actual or prospective – can plan with any certainty, because as yet there are just too many issues up in the air. Simply put, as of now no-one can say ...

Posted by Joff Wild, IAM Magazine on 18 July 2014 @ 2:26PM
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Real patent trolls don’t use the US courts – it’s way too expensive

If you need further confirmation of the expensive minefield that is patent litigation in the US then PwC’s latest annual study is worth a look. Many of it key findings will be familiar – patent cases up again, number of patents granted on the rise, median damages awards down (to $4.3m), and the most popular venues for plaintiffs Texas Eastern, Delaware, Virginia Eastern and Wisconsin Western. For the first time, however, the Big 4 accountant looked at appeals to the ...

Posted by Richard Lloyd, Intellectual Asset Management on 15 July 2014 @ 6:27PM
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Conversant launches new anti-patent troll campaign

Despite the deep divisions that exist over patent reform, perhaps the one element where most members of the patent community agree change needs to happen, is over the frivolous demand letters that some bad actors send to demand licensing fees, particularly from small businesses.   Although a more comprehensive patent reform bill failed in the US Senate in May, last week the House of Representatives’ Commerce, Manufacturing and Trade Subcommittee, which is an arm of the ...

Posted by Richard Lloyd, Intellectual Asset Management on 14 July 2014 @ 6:12PM
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The transitionary regime for Europe's new patent litigation system - a dangerous mess

Up to now those reading the articles on Europe’s unified patent court (UPC) on the IAM blog, put together exclusively for us by Bristow’s partner Alan Johnson, might have assumed that the new system is going to be a very favourable one for plaintiffs. But while this may turn out to be the case, there is one big elephant in the room that could change the picture completely. In the article below Alan looks at the transitional provisions that will apply as the new regime ...

Posted by Joff Wild, IAM Magazine on 11 July 2014 @ 2:12PM
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Google, Canon and the other LOT Network founders deserve high praise for their new initiative

Thanks to information provided by the License On Transfer Network (LOTNet), I now understand that patent assertion entities want to make money; they “clearly seek to generate a return by enforcing patent rights against operating companies”, LOTNET explains. “They acquire patents from other companies and are motivated by profit.” Whoever would have thought it - commercial enterprises interested in generating a return? Heaven forbid that LOTNet’s current ...

Posted by Joff Wild, IAM Magazine on 10 July 2014 @ 4:08PM
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In praise of Judge Koh’s ‘patent troll’ ban in GPNE v Apple

Judge Lucy Koh has barred Apple from using the term ‘patent troll’ – along with a host of similarly controversial and vague terms – in its defence against a Northern California patent suit brought by NPE GPNE Corporation. As reported by Forbes, ‘privateer’, ‘pirate’, ‘bounty hunter’, ‘bandit’, ‘shakedown’ and ‘corporate shell game’ are among the other terms proscribed by Koh, who is ...

Posted by Jack Ellis, IAM Magazine on 03 July 2014 @ 5:01PM
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