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[News] Lawyers Scheme to Exploit USPTO (Turn Bad Economy to Lawsuit Storm)

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Not making enough money from patents? Here's help

,----[ Quote ]
| Forget about providing customer value. It's time to pillage customers and 
| competitors alike by amassing and harvesting patent portfolios. You, too, can 
| be a patent troll. Sign up today!!!  
`----

http://news.cnet.com/8301-13505_3-10063464-16.html


Recent:

When does Copyrighted Software cease to be Copyrighted?

,----[ Quote ]
| Microsoft has turned into the biggest patent troll in the world. The only
| thing that makes any sense is that some attorney in their employ is
| considering that a defensive move to prevent other bottom feeders from suing
| Microsoft. I certainly hope that is the reason for that patent otherwise it
| makes no sense. If they try to enforce that patent I hope and it needs to get
| shut down by the courts.
|
| In any case it puts a new light on the GPL for me.
`----

http://community.zdnet.co.uk/blog/0,1000000567,10009357o-2000440676b,00.htm?new_comment


Nathan Myhrvold’s Patent Extortion Fund Is Reaping Hundreds Of Millions of
Dollars

,----[ Quote ]
| Don’t blame Nathan Myhrvold for taking advantage of the culture of rampant
| patent litigation in this country. He is only doing what large companies with
| vast patent portfolios such as IBM and Microsoft do on a daily basis: use the
| threat of patent infringement litigation to strike lucrative patent licensing
| deals. Except Myhrvold, who used to be Bill Gates’ right-hand man at
| Microsoft during the 1990s, does it through his patent-gobbling fund,
| Intellectual Ventures.
`----

http://www.techcrunch.com/2008/09/17/nathan-myhrvolds-patent-extortion-fund-is-reaping-hundreds-of-millions-of-dollars/


Invention Capitalism & the Law: Checking in on Nathan Myhrvold

,----[ Quote ]
| Myhrvold told the WSJ that he acknowledges facing resistance from companies
| he targets for licenses. But his patent inventory gives him leverage to
| extract settlements without litigation. “I say, ‘I can’t afford to sue you on
| all of these, and you can’t afford to defend on all these,’” he said.
`----

http://blogs.wsj.com/law/2008/09/17/invention-capitalism-the-law-checking-in-on-nathan-myhrvold/


Nathan Myhrvold: Alpha patent troll?

,----[ Quote ]
| Former Microsoft exec Nathan Myhrvold has been collecting patents, extracting
| fees from technology companies via his company Intellectual Ventures. Is
| Myhrvold a patent troll with tech cred?
|
| The Wall Street Journal has a long account of Myhrvold’s patent collecting
| efforts and how he is winning multimillion dollar payments from the likes of
| Verizon and Cisco. These payments are top secret material, but Myhrvold’s
| firm is the one reaping the rewards. Intellectual Ventures has more than
| 20,000 patents. In many respects, Myhrvold is just a patent trader. A few
| lawsuits could define him as a troll quickly though.
`----

http://blogs.zdnet.com/BTL/?p=10069


Tech Guru Riles the Industry

,----[ Quote ]
| Over the past few years, the former Microsoft Corp. executive has quietly
| amassed a trove of 20,000-plus patents and patent applications related to
| everything from lasers to computer chips. He now ranks among the world's
| largest patent-holders -- and is using that clout to press tech giants to
| sign some of the costliest patent-licensing deals ever negotiated.
`----

http://online.wsj.com/article/SB122161127802345821.html


Patent startup gains high profile backing

,----[ Quote ]
| John Amster, one of two former Intellectual Ventures executives that formed
| RPX, said he will not detail the company's business model or customers until
| October. However he did say RPX will acquire patents in a broad range of
| technology and e-commerce areas, especially when the patents are being
| asserted or involved in litigation.
`----

http://www.eetimes.com/news/latest/showArticle.jhtml;jsessionid=Y5PML15MGOPIQQSNDLPCKHSCJUNN2JVN?articleID=210602186


Transcript: Myhrvold of Intellectual Ventures

,----[ Quote ]
| Nathan Myhrvold: The genesis of this idea was when I was at Microsoft. We had
| a problem with patent liability. All these people were coming to sue us or
| demand payment. And Bill (Gates) asked me to think about if there was a
| solution. This is what I came up with.
|
| WSJ: So you think that you're actually protecting companies from more
| settlements or bigger payments down the road?
`----

http://online.wsj.com/article/SB122142717791833671.html


We doctor your patents, so be patent!

,----[ Quote ]
| Unlike most other pure licensing companies, Intellectual Ventures hasn’t
| filed patent-infringement lawsuits to help force settlements. But the group
| lobbying on behalf of tech companies in Washington, the Coalition for Patent
| Fairness — which includes several companies that have been approached for
| licensing deals by Intellectual Ventures — says it is only a matter of
| time. “Since these thousands of patents only give [Intellectual Ventures] the
| right to stop others from making products, through lawsuits, it is obvious
| what they intend to do,” the group said in a statement.
|
| [...]
|
| As with short sellers, large companies don't like plays that can shake them
| up and expose their inadequacies, and will spend large amounts to PR /
| lobby / legislate them away - and as any small player who has tried to
| enforce patent abuse by large companies knows, it's virtually impossible to
| win and ruinously expensive to fight. So in that respect, aggregation is a
| good thing. Its hard to tell from this article if its just part of the PR war
| or whether there has been a real step up in the shakedown.
`----

http://broadstuff.com/archives/1246-We-doctor-your-patents,-so-be-patent!.html


Reforming the Patent System

,----[ Quote ]
| Intellectual Ventures and its ilk are arguably the single biggest risk to
| America's continued leadership in technology and innovation. As dsquared
| elegantly put it in a comment here in May, the company might do a bit of R,
| but it doesn't do any D. Instead, it acts as a brake on any company wanting
| to do substantive R&D of its own, since there's a good chance Intellectual
| Ventures will have got there first, patented the idea, and then just decided
| to sit on it until somebody dares to violate it.
`----

http://www.portfolio.com/views/blogs/market-movers/2008/09/17/reforming-the-patent-system?tid=true


Microsoft and Pioneer Enter Into Patent Cross-Licensing Agreement to Foster
Mutual Innovation in Consumer Technology

,----[ Quote ]
| Although the contents of the agreement, including the specific financial
| terms, are confidential, the parties indicated that Microsoft is being
| compensated by Pioneer.
`----

http://www.microsoft.com/presspass/press/2008/sep08/09-16PioneerPR.mspx


Acacia tops troll litigaition league

,----[ Quote ]
| Acacia Technologies is the most litigious non-practising entity/troll (delete
| according to preference) in the United States. According to research done by
| PatentFreedom, which is featured in an article to be published in the next
| issue of IAM, Acacia has been involved in a total of 308 cases in the US
| courts, 239 of which have been filed since 2003. In second place is Rates
| Technology Inc, which has been involved in 130 cases – although just 38 have
| been over the last six years.
`----

http://www.iam-magazine.com/blog/Detail.aspx?g=31e01d61-2f07-488e-9e56-32a96383071e


Ideas Are Everywhere... So Why Do We Limit Them?

,----[ Quote ]
| Gladwell uses this to talk up what Myhrvold is doing, suggesting that
| Intellectual Ventures is really about continuing that process, getting those
| ideas out there -- but he misses the much bigger point: if these ideas are
| the natural progression, almost guaranteed to be discovered by someone sooner
| or later, why do we give a monopoly on these ideas to a single discoverer?
| Myhrvold's whole business model is about monopolizing all of these ideas and
| charging others (who may have discovered them totally independently) to
| actually do something with them. Yet, if Gladwell's premise is correct (and
| there's plenty of evidence included in the article), then Myhrvold's efforts
| shouldn't be seen as a big deal. After all, if it wasn't Myhrvold and his
| friends doing it, others would very likely come up with the same thing sooner
| or later.
|
| This is especially highlighted in one anecdote in the article, of Myhrvold
| holding a dinner with a bunch of smart people... and an attorney. The group
| spent dinner talking about a bunch of different random ideas, with no real
| goal or purpose -- just "chewing the rag" as one participant put it. But the
| next day the attorney approached them with a typewritten description of 36
| different inventions that were potentially patentable out of the dinner. When
| a random "chewing the rag" conversation turns up 36 monopolies, something is
| wrong. Those aren't inventions that deserve a monopoly.
`----

http://techdirt.com/articles/20080507/0114581051.shtml


Related:

Who is the world's biggest patent troll?

,----[ Quote ]
| In two consecutive days, The Wall Street Journal presented two different
| answers. The first is not surprising: Intellectual Ventures, the brainchild
| of ex-Microsoft executive Nathan Myhrvold. It's now out "to raise as much as
| $1 billion to help develop and patent inventions, many of them from
| universities in Asia."  
`----

http://blogs.cnet.com/8301-13505_1-9816163-16.html?part=rss&subj=news&tag=2547-1_3-0-20


Playing Microsoft Patent Poker

,----[ Quote ]
| This time though, while Ballmer slinks away to try to con … convince people
| that Microsoft Unified Communications somehow offers people more than what
| Cisco's VOIP (voice over IP) been offering customers for years, a patent
| attack finally launches at Linux. Specifically, IP Innovation, a subsidiary
| of Acacia Technologies Group, has filed a patent infringement claim against
| Linux distributors Novell and Red Hat.    
|
| So was it just timing, or was it something more? Let's take a look at the
| players.  
`----

http://www.eweek.com/article2/0,1759,2201579,00.asp?kc=EWRSS03129TX1K0000616
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