Patent challengers must prove they have a ‘significant presence’ in the US: ITC

Patent trolls must prove they have a 'significant presence' in the US

The International Trade Commission has become increasingly tired of all the patent mischief it’s forced to deal with, just as we’ve become tired of reporting on it. That’s why its latest defense against time-wasters could potentially be a very good idea. According to Reuters, the ITC will soon demand upfront proof that the complainant in a patent case has a “significant presence in the United States” and isn’t merely a fly-by-night outfit created for the purpose of pursuing litigation. The new rule has already been trialed in a pilot program, and Google, Intel, HP and others have voiced their support. It can’t fix everything, of course, since major companies will still be able to game the system to hamper their rivals, but with the FTC and the White House also taking steps to subject “patent-assertion entities” to greater scrutiny, it feels like the wheels of government may be starting to catch up with the trolls.

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Source: Reuters

FTC planning to take on patent trolls, hopes to reduce frivolous lawsuits

FTC planning to take on patent trolls, hopes to reduce frivolous lawsuits

Sick of endless patent wars yet? According to the New York Times, so is the Federal Trade Commission. Referencing the usual persons briefed on the matter, the NYT reports that FTC chairwoman Edith Ramirez is preparing to propose an inquiry that will put patent-assertion entities — companies that exist solely to buy and collect royalties on patents — under federal scrutiny. If approved, patent trolls that catch the FTC’s attention will need to detail how they operate and if their legal proceeds pay out to the original patent owner. The chairwoman is expected to explain the proposal in more detail at a patent law workshop later this week. According to the NYT, Ramirez doesn’t have any specific company in mind, but aims to investigate companies that might hamper innovation. With any luck, the inquiry will help curb spurious litigation and rampant patent trolling — something most of us can probably get behind.

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Source: New York Times

InterDigital wins appeal in never-ending Nokia patent battle

Interdigital

We’ll leave labeling of InterDigital to the individual — whether you prefer patent troll or non-practicing entity, the semantics don’t concern us. What does concern us, however, is the IP firm’s ongoing legal battle with Nokia, and its recent victory over the Finnish manufacturer in the US Court of Appeals. The ruling reverses a previous decision handed down by the ITC that found Nokia did not violate InterDigital’s patents, but the trio of judges hearing the appeal disagreed. The claims in question relate to 3G radios and networks — the same patents that the firm used to target ZTE and Huawei. It doesn’t appear that there will be any immediate repercussions for Nokia, either in the form of import bans or settlement fees. The Windows Phone champion is considering its next move, which may involve appealing the appeal.

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InterDigital wins appeal in never-ending Nokia patent battle originally appeared on Engadget on Thu, 02 Aug 2012 09:48:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceBloomberg, US Court of Appeals  | Email this | Comments

NTP reaches agreement with 13 patent defendants including Apple, Microsoft and Google

NTP reaches agreement with 13 patent defendents including Apple, Microsoft and Google

One of the original “non-manufacturing IP firms,” NTP, has just signed an agreement with 13 of the companies it sued for infringing its email patents. The tech industry whales paying for licenses include Google, Microsoft and Yahoo on the software side; wireless operators Verizon, AT&T, Sprint Nextel and T-Mobile; and handset companies Apple, HTC, Motorola, Palm, LG and Samsung. If all the litigation is blurring together in your head, we remind you that NTP is one of the founding patent under-bridge dwellers who made lawyers’ eyes everywhere light up with a $612 million payout from RIM back in 2006. That seemingly gave them the courage — and bankroll, presumably — to attack the above companies in 2010 for infringement of its eight wireless email patents, including push technology. The terms of the settlement weren’t disclosed, but considering the dollars paid out by RIM, “we can imagine quite a bit,” to quote Han Solo.

[Image credit: Shutterstock]

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NTP reaches agreement with 13 patent defendants including Apple, Microsoft and Google originally appeared on Engadget on Tue, 24 Jul 2012 02:28:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceCNET  | Email this | Comments