Tag Archive for Abusive Patent Litigation

A Blackbird in Many Forms

You might recall a few months ago I wrote about Blackbird Technologies, an NPE with a novel approach to patent litigation.  Blackbird is a company owned by lawyers.  It buys patents from patent owners, apparently with a share of any litigation wins flowing back to the owner.  The lawyers who own Blackbird also litigate the…

STRONGER Patents, WEAKER Innovation

Yesterday, Senator Coons introduced his STRONGER Patents Act.  Senator Coons provided a section-by-section description of the bill, as well as the text of the bill.  And after reading it, I have some concerns.  Patent Progress previously covered Senator Coons’ STRONG Patents Act.  Much of STRONG Patents wound up in STRONGER Patents, and our analysis back…

Should Abstract Ideas Be Unpatentable?  The Answer Is A Snap

Tuesday, Kaldren LLC sued Snap.  (According to RPX, Kaldren is affiliated with IP Edge, a notorious patent troll.)  Kaldren sued over a set of expired patents on such wonderful ideas as: Printing out a machine readable symbol; Reading a machine readable symbol; Using an address in a machine readable symbol to retrieve information from that…

Blackbird Gets Wings Clipped In Lighting Litigation

Last week I wrote about Blackbird Technologies, a relatively new patent troll with some ethical and practical issues.  As I found out via Patently-O, it turns out that I’m not the only one who was wondering how they were going to keep confidential information away from their lawyers.  In Blackbird Tech. v. Service Lighting et…

The Scorpion and the Frog, or, If Intellectual Ventures Is For Something You Should Oppose It

Comprehensive patent reform has stalled in the Senate. You might think that would be enough for the patent trolls. But no, they’re still trying to kill real patent reform for good. How? By pushing for legislation in the House and the Senate that addresses the contents of demand letters without litigation reforms or patent quality improvements. Vague demand letters from patent…

Supreme Court Helps Rein In Patent Trolls, Legislation Still Needed

It’s another big day in patent law, as the Supreme Court issued decisions in two fee-shifting cases: Octane Fitness and Highmark. The Federal Circuit’s opinions were unanimously rejected in both cases, continuing a pattern I noted a few weeks ago. But most importantly, the Supreme Court recognized the importance of fee-shifting in curbing abusive litigation.…

Patent Progress’s Guide to Patent Reform Legislation

The US Capitol Dome

There are now twelve bills that have been introduced this Congress to deal with some aspect of the patent troll issue. We thought it might be helpful to give you a quick rundown of each of the currently pending bills: Innovation Act (H.R. 3309) Patent Transparency and Improvements Act (S. 1720) Patent Quality Improvement Act…

Will SCOTUS Do Anything About Fee-Shifting?

Yesterday, the U.S. Supreme Court heard arguments in two related patent cases, Octane Fitness LLC v. ICON Health & Fitness LLC and Highmark Inc. v. Allmark Health Management Systems. Both cases have to do with the standard for fee-shifting in patent cases, but it’s the Octane case that is the most relevant. The statute, 35…