Category Archives: Patent Trolls

False Marking Lawsuits are Real Problem for Business and Make Little Sense When Applied to Expired Patents

The threat of false marking lawsuits has garnered much attention in the IP business press in the last couple of years.  Companies of all sizes have been hit with qui tam actions (that is, suits brought by an individual or company on behalf of the US government to right wrongs done to the government, not… Read More »

False Patent Marking Lawsuit Update: A Tale of Successful Defense Strategy

In November, 2010, I wrote a blog post where I talked about a client who was sued for false marking, even though they had months before the suit changed the packaging of their product.  We subsequently obtained a good result with our litigation strategy, and I think others may benefit from this experience.  Moreover, I… Read More »

The Coming Explosion of the Patent Monetization Market: Brought to You by Open Innovation and What Needs to Happen in Order to Speed Up the Process

This week, I got a call out of the blue from a very senior business development person at a Fortune 10 technology company “wanting to know more” about patent licensing and monetization.  This was a bit strange:  his company has literally dozens of patent professionals on staff, files 100’s of patents a year and, as I… Read More »

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… Read More »

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… Read More »

Is There an Emerging Business Model for IP Lawyers’ Owning So-Called "Patent Trolls"? Only Until Their Corporate Clients Find Out.

Dennis Crouch of The PatentlyO blog recently posted an intriguing tidbit about about well-known IP attorneys Carl Moore (Of counsel at Marshall Gerstein); Timothy Vezeau (patent attorney at Katten Muchin); and Nate Scarpelli (who used to and still appears to be associated with Marshall Gerstein). These prominent members of the Chicago IP community appear to… Read More »

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… Read More »

An Introduction to Patent Monetization Resources for Corporations and Entrepreneurs

For corporations and entrepreneurs seeking to monetize their un- or under-utilized patent rights for the first time, it can be difficult to know where to begin. The patent monetization market is not yet mature and, as with other emerging marketplaces, no established methodologies and few experts exist to guide patent owners through the process. Today,… Read More »

Investors in the Green Economy: You Could Lose Your Investment in Green Innovators by Failing to Identify the Green Inventors that Came Before Them

With President-Elect Obama’s announcement that he will establish an “Apollo Project” to develop a Green Economy, there is no doubt that “the Green Technology train has left the station.” Indisputably, investors will start to invest heavily in companies that appear to possess commericializable Green Technology that will enter the marketplace as the US embraces the… Read More »

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… Read More »