Recently, I wrote a post on why I think that patent litigation is not a viable business model for inventors. Given a realistic deconstruction of the costs and possible damage awards, I concluded that, in most situations, it is not realistic for an inventor to presume that she will “hit the jackpot” by suing [...]
Posts Tagged ‘non-practicing entities’
A Patent Reality Check: Litigation Not a Viable Revenue Source for Most Inventors
The ability of an intrepid inventor to strike it rich from a great idea seems to be embedded in the DNA of many Americans. Perhaps this view emanates from the presence of patents in the US Constitution, which could create a feeling that US citizens have an “inalienable right” to use patent protection to their [...]
The NY Times is Wrong: Patent Auctions Do Not Provide Indendent Inventors with “Protection”
Patent auctions will do little to help independent inventors sell their patents Those seeking ways to generate revenue from their patentable ideas will find the recent NY Times article entitled “Patent Auctions Provide Protections for Inventors,” written by Steve Lohr, to be an interesting read. However, as someone who works with entrepreneurs and corporations wishing to monetize their [...]
Chief Circuit Judge Michel Agrees with Me: NPE’s (aka "Patent Trolls") are Not Necessarily "Illegitimate"
On his great 271 Blog, Peter Zura posted excerpts of the Chief Circuit Judge Michel’s keynote address at the FTC hearings on “The Evolving IP Marketplace” last December where Judge Michel addressed the state of patent law and patent reform. Anyone interested in patents, the USPTO and patent reform should take a look. I posted [...]
A Response to PWC’s "Starry-Eyed" View of the Value of Litigation as Effective Way to Monetize Patents
I recently became aware of this patent litigation analysis prepared by PriceWaterhouseCoopers (“PWC”) (hat tip: Marcus Malek of the Intangitopia blog). The report appears to be rigorously prepared from data obtained from a large number of reported patent litigation cases dating from 1995. I read this report with interest and think that anyone who is [...]
Confessions of a Non-Recovering Patent Troll Enabler
I came across this TechDirt article: Exposing The Patent Troll Playbook… And How To (Almost) Beat It (h/t Ron Carson, VP of Marketing at Innovation Asset Group). This is an insider’s account of what it is like to be the victim of a so-called “patent troll”. Perhaps better than the article itself are the comments [...]
If You Can’t Beat ‘Em, Join ‘Em: Patent Strategy as a Business Model
In the May 12, 2008 New Yorker Magazine article, Malcolm Gladwell posits that there is no shortage of ideas. Rather, he indicates that what is needed is disciplined processes centering on invention and execution of those ideas through into the marketplace. Mr. Gladwell’s article (which I believe is a must-read for those of us in [...]
Much Ado About Patent Marking: Why It is So Hard for Corporations to Get It Right and Why False Marking Lawsuits Might be a Good Thing Overall
It is fairly rare for patents to make hit the radar screen of mainstream news outlets but, recently, there has been much space allotted to the issue of patent mis-marking and lawsuits being brought by third parties for “violation” of the law requiring that products cannot be marked with an incorrect patent number. Indeed, the [...]