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Against Monopoly

defending the right to innovate

Patent Lawyers

Monopoly corrupts. Absolute monopoly corrupts absolutely.





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Those Dreaded "frivolous patent challenges"

Will Proposed New Post-Grant Review Procedures Invite Abuse? that "The Innovation [sic] Alliance" is opposed to reforming the patent system to allow "post-grant review mechanisms"--that is, ways for potential victims of patent extortion to challenge the validity of issued patents. The group is worried this might permit "repeated frivolous patent challenges"! Got that--not frivolous patents, but frivolous patent challenges! This is like a plaintiffs' lawyer who files frivolous lawsuits complaining about people defending themselves from it--they ought to just cough up the demanded money and quit finding "frivolous" defenses!

Here, people who use the power of the state to unjustly acquire a monopoly that gives them the right to legally extort victims are complaining about "frivolous patent challenges". Wow, some chutzpah.

The post also notes:

The fear is that such service provides will offer to "creat[e] uncertainty about a problem patent by tying it up in a long reexamination process and effectively nullify the problem patent" to get lower rates during license negotiations "until the uncertainty ends."

So.... to avoid reducing the amount of extortion holders of "problem patents" can demand, we should just presume patents are valid--even if they might not be--and don't allow any kind of challenge that could just "cause uncertainty." Wow.

I don't know. I prefer justice to certainty. Call me crazy.

Patent Attorneys Asserting Their Own Patents

Sometimes against their own former clients.

As a followup to "Patent Hawk" Sues Microsoft, Former Client, for Patent Infringement (Against Monopoly cross-post), see the insightful Law.com article by the tenacious Joe Mullin, Some IP Attorneys Look to Make Their Mark as Patent-Holders, as well as his blog posts "Patent Hawk" lawsuit was an inside job, says Microsoft and Zilka & Kotab, a.k.a. Aloft Media, file patent lawsuit against Google's Chrome browser; the latest of many.

Cross-posted at Mises Blog.

Patent Attorneys Asserting Their Own Patents

Sometimes against their own former clients.

As a followup to "Patent Hawk" Sues Microsoft, Former Client, for Patent Infringement (Against Monopoly cross-post), see the insightful Law.com article by the tenacious Joe Mullin, Some IP Attorneys Look to Make Their Mark as Patent-Holders, as well as his blog posts "Patent Hawk" lawsuit was an inside job, says Microsoft and Zilka & Kotab, a.k.a. Aloft Media, file patent lawsuit against Google's Chrome browser; the latest of many.

Cross-posted at Mises Blog.

IP Attorneys Increasingly Getting Their Own Patents And Suing

Great post on TechDirt:

IP Attorneys Increasingly Getting Their Own Patents And Suing

from the joining-in-the-party dept

A year ago, the story of patent attorney Scott Harris started making headlines. While being an IP attorney at a prestigious law firm, on the side, Harris had been getting his own patents, and then using a shell organization to sue companies for infringing. Some of the companies sued were represented by the firm that Harris worked for. Talk about a conflict of interest, right? Well, reporter Joe Mullin has discovered that these sorts of things are increasingly common. Various IP attorneys involved in patent hoarding lawsuits are seeing how lucrative it can be to just get a patent and sue -- and so they're eagerly jumping into the game themselves. Mullin dug up a bunch of cases of IP lawyers getting their own patents, and then suing over those patents, outside of their day job. Not surprisingly, many of the patents seem highly questionable (a patent on a car entertainment system that has a radio in front with DVD video in back.)

However, the bigger question is the conflict of interest. First, with lawyers getting their own patents, there are always going to be questions about whether any of the patents are really the work of clients rather than the lawyer themselves. In fact, in the case of the car entertainment system above, one of the companies that's been sued over the patent points out that "two diagrams and several columns of text" appear to be directly plagiarized from another company's patents -- who just so happened to be a client of law firm the lawyer worked for. Oops.



The second potential conflict of interest is, as with Harris, about suing companies that are represented by the law firm the lawyer in question works for. In some cases, the lawyers dance around this. For example, in one of the cases Mullin discusses, the lawyer sued three of the four companies who own CareerBuilder. The lawyer did not sue the fourth owner, the Tribune Company. Why? While there's no official explanation, it's not hard to figure it out. The Tribune Company is a client of the law firm the guy works for. The other three owners are not. So, basically, the Tribune Company got lucky that the guy with the patent just happens to work for a law firm it uses. Perhaps the law firm sees this as a way of "locking in" clients: leave us, and one of our lawyers will sue you for patent infringement.

Either way, the article is a pretty depressing look at the state of patent law and patent lawyers these days.

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