People whose business models are threatened by strong post-grant reviewA procedure by which a third-party may contest issuance of a patent at the USPTO within a short period (9 months) after issuance. Introduced to the U.S. by the AIA. The EPO has a similar procedure. and improved patent quality continue to assert that non-practicing entities (NPEsNon-Practicing Entity. A broad term associated with trolls but now disfavored because it includes universities and legitimate technology developers that seek to license technology in advance rather than after a producing company has independently developed it. More) and the patent trollAn entity in the business of being infringed — by analogy to the mythological troll that exacted payments from the unwary. Cf. NPE, PAE, PME. See Reitzig and Henkel, Patent Trolls, the Sustainability of ‘Locking-in-to-Extort’ Strategies, and Implications for Innovating Firms. narrative is a myth or a fabrication of big tech companies. And yet, a new report by Hightech Solutions reaffirms what has long been known to be true: NPEsNon-Practicing Entity. A broad term associated with trolls but now disfavored because it includes universities and legitimate technology developers that seek to license technology in advance rather than after a producing company has independently developed it. More aggressively target manufacturers and attack businesses small and large alike in their pursuit of windfall profits.
According to the report, NPEsNon-Practicing Entity. A broad term associated with trolls but now disfavored because it includes universities and legitimate technology developers that seek to license technology in advance rather than after a producing company has independently developed it. More concentrated more than half of their attacks on two sectors—manufacturing and services. The manufacturing sector was hit the hardest, targeted in nearly 30% percent of all lawsuits. And that’s not just high tech manufacturing, either. HTS found as many lawsuits against wholesale durable goods makers as against computer manufacturers, and as many against non-durable wholesale goods as against automakers. Lawsuits against retailers were even nearly as common as lawsuits against communication service providers.
The data is clear: while all industries are at risk of being targeted by NPEsNon-Practicing Entity. A broad term associated with trolls but now disfavored because it includes universities and legitimate technology developers that seek to license technology in advance rather than after a producing company has independently developed it. More, the manufacturing sector is greatly and disproportionately affected. The report also particularly notes that increased NPENon-Practicing Entity. A broad term associated with trolls but now disfavored because it includes universities and legitimate technology developers that seek to license technology in advance rather than after a producing company has independently developed it. More activity in the automotive industry, stemming from the rise of smart-cars, is likely contributing to the manufacturing domains’ top placement.
HTS also looked at the size of NPENon-Practicing Entity. A broad term associated with trolls but now disfavored because it includes universities and legitimate technology developers that seek to license technology in advance rather than after a producing company has independently developed it. More targets. While companies with revenue of greater than $1 billion attract more suits per company, more than half of NPENon-Practicing Entity. A broad term associated with trolls but now disfavored because it includes universities and legitimate technology developers that seek to license technology in advance rather than after a producing company has independently developed it. More lawsuits are filed against companies worth less than $25 million. The report notes that while small business owners may assume that their size makes them less at risk to NPEsNon-Practicing Entity. A broad term associated with trolls but now disfavored because it includes universities and legitimate technology developers that seek to license technology in advance rather than after a producing company has independently developed it. More than a massive corporation, it’s simply not true. NPEsNon-Practicing Entity. A broad term associated with trolls but now disfavored because it includes universities and legitimate technology developers that seek to license technology in advance rather than after a producing company has independently developed it. More do not discriminate based on business size.
Nothing in this report is a surprise to those who’ve been paying attention to NPENon-Practicing Entity. A broad term associated with trolls but now disfavored because it includes universities and legitimate technology developers that seek to license technology in advance rather than after a producing company has independently developed it. More activities, but it is a cause for continued concern. The USPTO’s recent Advance Notice of Proposed Rulemaking proposes weakening the exact kind of post grant challenges that have helped in limiting the NPENon-Practicing Entity. A broad term associated with trolls but now disfavored because it includes universities and legitimate technology developers that seek to license technology in advance rather than after a producing company has independently developed it. More problem over the past decade. When considering the impacts of such a rule, this is exactly the type of data that needs to be kept in mind.
