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[News] Patent Trolling Rises in Appeal Among Lawyers

  • Subject: [News] Patent Trolling Rises in Appeal Among Lawyers
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Tue, 01 Dec 2009 11:20:13 +0000
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
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Other Legal Work Slow? Start A Practice To Help Patent Trolling

,----[ Quote ]
| From an economic standpoint, this activity 
| is a pure dead weight loss on economic 
| activity. There is nothing good that comes 
| from it. You basically have companies that 
| have ignored a patent they got for whatever 
| reason, suddenly rediscovering it and using 
| it to go after totally unrelated companies 
| who actually innovated and brought products 
| to market (almost always with no knowledge 
| whatsoever of the questionable patent in 
| the first place). And suddenly the actual 
| innovators have to pay up to a company that 
| did absolutely nothing with the invention.
`----

http://techdirt.com/articles/20091123/0159047049.shtml

Suing For Patent Infringement No Replacement For Actually Building A Real Business

,----[ Quote ]
| TiVo has been spending a lot of effort suing 
| others for patent infringement, but 
| apparently not very much on actually 
| improving their own services and giving 
| customers a reason to buy them over the 
| competition. So while it may be winning some 
| of its patent lawsuits, it hasn't helped much 
| for the business, which is rapidly bleeding 
| customers and losing marketshare. 
`----

http://techdirt.com/articles/20091125/1306497092.shtml


Recent:

Intellectual Ventures' patent protection racket

http://slashdot.org/submission/1068513/Intellectual-Ventures-patent-protection-racket


Nathan Myhrvoldâs Evil Genius

,----[ Quote ]
| Until recently, one of the few points Myhrvold could make in his own favor is
| that he hadnât started suing firms that declined to license his patent
| portfolio. I say âuntil recentlyâ because weâre now learning that the lawsuits
| have started. IV has begun selling off chunks of its patent portfolio to
| people like Raymond Niro with well-deserved reputations for being âpatent
| trolls.â Threatening to sell patents to a third party who will sue you is more
| subtle than threatening to sue you directly, but the threat is just as potent.
| Myhrvoldâs âsales pitchâ to prospective licensees just got a lot more
| convincing.
|
| The fundamental question we should be asking about this business strategy is
| how it benefits anyone other than Myhrvold and the patent bar. Remember that
| the standard policy argument for patents is that they incentivize beneficial
| research and development. Yet IVâs business model is based on the opposite
| premise: produce no innovative products, spend minimal amounts on research and
| development, and make a profit by compelling firms that are producing products
| and investing in R&D to pay up. Not only does this enrich Myhrvold at everyone
| elseâs expense, but it also reduces the incentive to innovate, because anyone
| who produces an innovative product is forced to share his profits with
| Intellectual Ventures. Patents are supposed to make innovation more
| profitable. Myhrvold is using the patent system in a way that does just the
| opposite. In thinking about how to reform the patent system, a good yardstick
| would be to look for policy changes that would tend to put Myhrvold and his
| firm out of business.
`----

http://timothyblee.com/?p=781


Intellectual Ventures' Patents Starting To Show Up In Lawsuits

,----[ Quote ]
| Intellectual Ventures, of course, is the Nathan Myhrvold company that has
| been building up a huge portfolio of patents with which to get big tech
| companies to pay many millions of dollars to not get sued -- and, according
| to many, to get a cut of future deals as well, making the whole thing sound
| suspiciously like a pyramid scheme.
|
| [...]
|
| But, a year ago, we noted that the company appeared to be getting antsy.
| While it was bringing in some hefty fees from a small group of companies who
| bought into the equity pyramid (which neatly lets the world outside be
| confused over what's "investment" and what's "revenue"), there was concern
| that investors were getting impatient. Pouring billions of dollars into a
| company that isn't doing much can make some investors a little anxious. And
| while we still don't know of any direct lawsuits, Zusha Elinson has noticed
| that Intellectual Ventures' former patents are starting to show up in court,
| often involving some of the most well known names normally associated
| with "patent trolling."
`----

http://techdirt.com/articles/20090903/0333546094.shtml


Intellectual Ventures Takes Indirect Route to Court

,----[ Quote ]
| Both Apple and Microsoft have been reported to be IV investors.
`----

http://www.law.com/jsp/article.jsp?id=1202433490140&thepage=2
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