The FTC wants your thoughts on proposed patent troll investigation

The FTC wants your thoughts on its proposed patent troll investigation

Here’s a question. Forced to decide, would you rather have a patent troll breathing down your neck, or cuddle up with an entity just as ghoulish that’s living under a bridge? The FTC wants your thoughts on the matter, even if its description isn’t quite so… colorful. The agency is putting out a call for public commentary on its proposed investigation of patent assertion entities, which have come under federal scrutiny as of late. Key to the proposal, the FTC would request information from 25 patent trolls to learn non-public information such as their corporate structure, patent holdings, means of acquiring patents, the cost of enforcing them and the earnings that the trolls generate. Accordingly, the agency hopes to “develop a better understanding of how they impact innovation and competition.”

For comparison sake, the FTC also proposes an information request from approximately 15 companies in the wireless communication sector, which would include manufacturers and other licensing entities. You’re more than welcome to answer the bridge question in the comments, but if you want to contact the FTC directly, you’ll find everything you need after the break.

[Image credit: Tristan Schmurr / Flickr]

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Source: FTC

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

Obama administration announces initiative to target patent trolls, protect consumers

The White House announced an initiative today to curb the use of patents by patent holders as a tool for “frivolous litigation,” and to protect “Main Street retailers, consumers and other end-users of productions containing patented technology.” The initiative’s inception is composed of legislative recommendations to Congress and a handful of executive actions being carried out directly by the White House — it’s essentially an initiative targeting patent trolls. Administration officials wouldn’t say which congressional representatives might propose bills carrying the White House’s recommendations; they characterized today’s announcement as part of the administration’s ongoing effort to reform patent law.

Though the terms are broad, a senior Obama administration official told Engadget that today’s announcement is “specifically designed to deal with abusive patent legislation” rather than sweeping patent reform, and is, “not designed in any way to pursue legit patent rights holders.”

The executive actions (five in total) range from making sure that patent holders are clearly identified — meant to target patent trolls that intentionally confuse litigation with myriad “shell” companies — to providing more clear information on patent use to consumers who may be targeted by patent trolls. The legislative recommendations list includes many of the same provisions as the executive actions, and adds even more protections for individual consumers (a stay in suits that target consumers when “an infringement suit has also been brought against a vendor, retailer, or manufacturer,” for instance).

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Via: The Wall Street Journal

Google, BlackBerry, EarthLink and Red Hat ask DoJ and FTC to help starve patent trolls

Google, BlackBerry, EarthLink and Red Hat ask DoJ and FTC to help starve patent trolls

Tired of all the patent-related stories? Especially the ones that seem like they are more about financial gain than fairness? We thought so. We’d imagine it’s even more of a frustration if you’re one of the companies regularly involved. No surprise then that some firms — such as Google, BlackBerry, EarthLink and Red Hat — have decided to do something about it, taking the fight directly to the FTC and DoJ. In a recent blog post, Google explains that — along with its collaborators — it has submitted comments to the aforementioned agencies, detailing the impact that “patent trolls” have on the economy.

While the financial cost to the US taxpayer is said to be nearly $30 billion, the four companies also point out how such behavior hurts consumers even further, suggesting that when start-ups and small businesses are strong-armed, innovation and competition suffer. Some specific practices such as “patent priveteering” — when a company sells patents to trolls who don’t manufacture anything and therefore can’t be countersued — also come under direct criticism. The cynical might assume this all comes back to the bottom line, but with the collaborative extending an invitation to other companies to help develop revised, cooperative licensing agreements, they are the very least making it difficult for them to engage in similar behavior in the future. At least until the FTC and DoJ respond.

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Via: TechCrunch

Source: Google Public Policy (blog)

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.

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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