Tag Archive for patent troll

Tribal Immunity May Not Be Wonder Drug For Allergan

This article was originally published on Law360 and is reprinted here. You’ve probably already heard the story. Allergan PLC owns patents related to relieving dry eyes. These patents allegedly read on their drug Restasis. They expired in 2014, leading to a group of generic manufacturers getting ready to enter the market with generic versions of the drug. In…

Big Tech vs. Big Pharma: An Article Filled With Big Errors

On Monday, the Financial Times published an article by Rana Foroohar.  While there are a lot of flaws in the article, one particularly pernicious myth shows up—the myth that patent trolls aren’t really a problem.  Purporting to look at patent reform as a battle between the tech industry and pharmaceutical manufacturers, the FT article gives…

IPR Successes: The Next Five Years

Over the past month, I’ve shown just how successful the inter partes review (IPR) program has been in its first five years.  IPR has saved billions of dollars and helped everyone from city governments to realtors to the targets of patent trolls funded by foreign countries.  Those stories are listed below: IPR Successes: Trolls and…

IPR Successes: A Bridge To Sovereign Patent Funds

Patent trolls are a familiar concept at this point, but a “sovereign patent fund” (SPF) might not be.  This isn’t the kind of sovereign I wrote about recently in regard to sovereign immunity.  In essence, an SPF is simply a patent assertion entity (PAE) with backing from a national government.   While government-funded companies that…

IPR Successes: Scan-To-Email Defeated By Scanner Makers

In the pantheon of infamous patent trolls, MPHJ is near the top.  MPHJ drew attention for their habit of mailing demand letters to anyone they thought might possibly have infringed their scan-to-email patent.  This drew so much attention that, ultimately, they were sued by Vermont’s State Attorney General.  MPHJ’s tactics were also one of the…

IPR Successes: Cleaning Up Messes

APTWater makes water treatment systems that clean up polluted groundwater and wastewater.  You’ve probably never heard of APTWater.  I hadn’t, nor had a friend who lives near their headquarters and works on water issues. Of course, that didn’t stop a patent troll from suing APTWater over their wastewater treatment technology.   APTWater wasn’t the only one…

IPR Successes: Trolls and Tolls

IPR Highway Sign

September marks the five-year anniversary of inter partes review (IPR), and Patent Progress is highlighting how successful the system has been at achieving its stated goals of increasing patent quality by providing a second look at invalid patents and decreasing costs by providing an efficient alternative to litigation.  Last week, I showed that, in those 5…

Why Pay For Delay When You Can Pay For Immunity

What do Seymour Cray’s high-performance computing research company SRC Labs and drug manufacturer Allergan have in common?  Both SRC Labs and Allergan sold patents to the Saint Regis Mohawk Tribe, then licensed them back from the tribe, in order to use tribal sovereign immunity to prevent challenges to their patents as invalid.

It’s The Claim Language—Except When It Isn’t

Last week, the Federal Circuit handed down a decision in Visual Memory v. NVIDIA, deciding that the Visual Memory1 cache patents are patent-eligible under § 101. Unfortunately, in doing so the Federal Circuit makes the same mistake they’ve made a few times now—they’ve looked at the specification, not the claims, in order to justify finding…