Posts Tagged ‘patent trolls’

April 20 roundup

April 13 roundup

“Company wrests $100k payment from patent troll…”

“… but has no idea who paid.” Graphiq’s convincing victory against Lumen View shows how even with some recent pro-defendant shifts in the legal playing field, the economics of fighting off a patent troll are punishing. “Graphiq won its fight about as thoroughly and as quickly as possible — and forced the other side to pay up. Its total victory took advantage of both the Octane Fitness and Alice Corp. decisions, two Supreme Court decisions that tilted the playing field in favor of defendants. Yet even with those advantages, it still cost around a quarter-million dollars to win. Finally, the win shows the incredible lack of transparency in the murky world of patents. Even while Graphiq was paid $100,000, no one knows who paid the money.” [Joe Mullin, ArsTechnica]

Intellectual property roundup

  • “At least for the moment, Defendants have shaken off this lawsuit” — court dismisses handwritten challenge to originality of Taylor Swift’s “Shake It Off” [Lowering the Bar]
  • After nastygram from George Orwell estate, seller withdraws t-shirts bearing slogan “1984 is already here” [The Guardian] But see comment below from reader Gitarcarver (episode attributed more to CafePress over-reaction than to estate’s letter);
  • “Anne Frank’s Diary Now Has Co-Author, Extended Copyright” [Christopher Klein, History.com]
  • “What the history of Eskimo Pies tells us about software patents today” [Charles Duan, Slate]
  • University of California, Santa Barbara, has put online a gold mine of 10,000 early recordings from the cylinder era, which ended in the 1920s [Hyperallergic] But could there be a copyright snag even on material this old? [Brian Frye, Prawfsblawg]
  • Judge says company must pay $684K for pursuing “exceptionally weak” patent case [Joe Mullin, ArsTechnica]
  • More: “That Irell & Manella would let itself get played by PETA for a stupid publicity stunt that serves no purpose other than to waste the court’s time…” [Mike Masnick, TechDirt; earlier on monkey-selfie case]

“Why don’t we talk to the guy and explain to him that we don’t infringe?”

Joe Mullin describes “how one software CEO tried to convince a patent troll to change his ways.” The tone of sweetness and light didn’t last long, however: “The conversation kept coming back to ‘if you pay us this much, we’ll go away,'” [Pegasystems CEO and founder Alan] Trefler said. “I concluded that was two hours of my life I’m not going to get back.” [Joe Mullin, ArsTechnica]

October 7 roundup

Eastern District of Texas branches out

Marshall, Texas, famed as patent plaintiffs’ forum of choice, returns a $663 million False Claims Act verdict against Trinity Industries in guardrail supply case [Insurance Journal; earlier on the unique qualities of the Eastern District of Texas, earlier on the Trinity litigation here and here]

And more Marshall fun: Texas patent holding company files 49 lawsuits in a week, isn’t listed on own office building’s directory [Legal NewsLine]

May 27 roundup

  • All aboard! “Louisiana AG hires nine private law firms, 17 attorneys for federal antitrust pharmaceutical lawsuit” [Legal NewsLine]
  • National Association of Insurance Commissioners has, and exploits, legally privileged status as collector of insurance data. Time for open access [Ray Lehmann]
  • Europe’s antitrust charges against Google remind us of “the poverty of the standard antitrust doctrine” [Pierre Lemieux]
  • Court blasts Morrison Foerster for ‘nonsensical’ legal theories and ‘carnival fun house’ arguments [ABA Journal]
  • “Trolls aren’t the primary problem with the patent system. They’re just the problem Congress is willing to fix.” [Timothy Lee, Vox] What makes you think lawyers and rent-seekers aren’t going to turn “patent reform” to their own purposes? [Mark Mills]
  • “It only goes that one direction, too.” Rachel Maddow recognizes the fairness problem with one-way fee shifting, this one time [Huffington Post on pro-defendant Colorado firearms law]
  • CPSC still going after Zen Magnets, which isn’t backing down [Nancy Nord, earlier]