Posted in America<\/a>, Patents<\/a> at 1:31 pm by Dr. Roy Schestowitz<\/p>\n Summary<\/b>: Docket Navigator and Lex Machina both show a significant decline in litigation \u2014 a trend which is likely to carry on now that TC Heartland is in tact (not for just half a year but a whole year) and PTAB completes another record year<\/em><\/p>\n T<\/a>HE TREND is undeniable. The numbers speak for themselves. The sample set is large enough (thousands), it is complete<\/em>, and several independent trackers are showing the same thing (independently<\/em>).<\/p>\n Patents were not designed for litigation, which is merely a last resort. So decline in litigation may be bad news for patent lawyers, but not necessarily for inventors. <\/p>\n Michael Loney, in his latest roundup<\/a> (primarily shut behind a paywall), shows that patent litigation is in its lowest level in recent history (in the US). It\u2019s the same thing other data sources show. \u201cManaging IP,\u201d he wrote, \u201canalyses 2017 data pulled from Docket Navigator to reveal: the overall patent cases filed in US district courts by half, quarter and month; the top 50 plaintiffs, defendants and law firms; and the breakdown of filing by district overall and pre- and post-TC Heartland\u201d (which we’ve just mentioned<\/a> and also mentioned several times last year in relation to cases in the Eastern District of Texas collapsing post-TC Heartland<\/em>).<\/p>\n \u201cLast year,\u201d Loney continued, \u201c4,522 patent cases were filed in US district courts, according to a search of the Docket Navigator database conducted by Managing IP on January 7.\u201d<\/p>\n So patent litigation (the lawsuits \u2018industry\u2019) in the US continues to perish. Scientists can sigh in relief.<\/p>\n Similar data comes from Lex Machina. It wrote<\/a> the following summary:<\/p>\n \nIn the final quarter of 2017, a total of 981 patent cases were filed in U.S. District Courts, a 1.3% decrease over the previous quarter\u2019s total of 994 cases. Cases filed in the calendar year 2017 (4,057 cases) represent a decline of 10.3% over 2016 (with 4,529 cases).<\/p>\n<\/blockquote>\n Much of it was from patent trolls \u2014 a \u2018sector\u2019 which is declining (all it ever does is threats and litigation, nothing else).<\/p>\n \nWiLAN, now part of the Quarterhill family of companies, kicked off 2018 with two patent deals with major Asian operating companies, TSMC and Panasonic. On January 8th, the NPE announced its wholly-owned subsidiary Cetus Technologies had acquired patents related to DRAM technology, as well as NAND flash memory, from Panasonic. The announcement was made four days after another deal with TSMC, which the company hailed as a \u201cnew type of transaction\u201d.\n<\/p>\n<\/blockquote>\n Now that it targets \u201cmajor Asian operating companies\u201d (IAM\u2019s term for non-trolls and actual producers) it may be a good time to start our next post, which focuses on Asia. A lot of patent trolling activity has shifted towards there. \u2588<\/a><\/p>\n \n \t\t\tPermalink<\/a> As patents pertaining to blockchains continue to be granted — even in defiance of Alice\/Section 101 — it seems likely that patent wars will sooner or later erupt, involving some large banks, IBM, and patent trolls associated with the notorious Erich Spangenberg<\/span><\/p>\n Worried by the prospect of mega-mergers and takeovers which would put far too much market power (and monopoly through patents) in one place, governments and corporations speak out<\/span><\/p>\n A quick look at some high-profile cases in which large Asian firms are embroiled; it seems clear that litigation activities have shifted eastwards (where actual production is done)<\/span><\/p>\n Docket Navigator and Lex Machina both show a significant decline in litigation — a trend which is likely to carry on now that TC Heartland is in tact (not for just half a year but a whole year) and PTAB completes another record year<\/span><\/p>\n Some new examples of tricks (and sometimes cheats) attempted by patent claimants and their representatives; it does not go as well as they hoped<\/span><\/p>\n RPX, whose top executives are leaving and business is gradually dying, might end up as another ‘asset’ of patent trolls<\/span><\/p>\n Beno\u00eet Battistelli wants a rubber-stamping operation (like INPI) rather than a functional patent office, but oppositions at the Office prove to be fruitful and many erroneously-granted patents are — by extrapolation — already being revoked (affecting, in retrospect, Battistelli’s so-called ‘results’)<\/span><\/p>\n Links for the day<\/span><\/p>\n The worrisome growth of European Patents (EPs) \u2014 a 40% jump in one year in spite of decline in the number of patent applications \u2014 is a symptom of the poor judgment, induced largely by bad policies that impede examiners\u2019 activities for the sake of so-called \u2018production\u2019; this week’s decision regarding CRISPR is another wake-up call and software patents too need to be abolished (as a whole), in lieu with the European Patent Convention (EPC)<\/span><\/p>\n As WesternGeco v ION Geophysical is the main if not sole \u2018major\u2019 patent case that the US Supreme Court will deal with, it seems safe to say that nothing substantial will change for patent scope in the United States this year<\/span><\/p>\n Links for the day<\/span><\/p>\n A review of Microsoft’s ugly tactics, which involve coercion and extortion (for businesses to move to Azure and\/or for OEMs to preload Microsoft software) while Microsoft-connected patent trolls help hide the “enforcement” element in this whole racket<\/span><\/p>\n The EPO’s race to the bottom of patent quality, combined with a “need for speed”, is a recipe for disaster (except for litigation firms, patent bullies, and patent trolls)<\/span><\/p>\n Even though there’s some decent coverage about yesterday’s decision (e.g. from The Scientist), the patent microcosm googlebombs the news with stuff that serves to distract from or distort the outcome<\/span><\/p>\n Links for the day<\/span><\/p>\n Broad spectacularly loses its key case, which may soon mean that any other patents on CRISPR too will be considered invalid<\/span><\/p>\n The attack on a technical judge who is accused of relaying information many people had already relayed anyway (it was gossip at the whole Organisation for years) carries on as he is again being pushed around, just as many people predicted<\/span><\/p>\n Patent maximalism at the EPO can be pushed aback slightly if the European appeal board decides to curtail CRISPR patents in a matter of days<\/span><\/p>\n Links for the day<\/span><\/p>\n The latest picks (reviewed cases) of the Supreme Court of the United States signal another year with little or no hope for the software patents lobby; PTAB too is expected to endure after a record-breaking year, in which it invalidated a lot of software patents that had been erroneously granted<\/span><\/p>\n The demise of various types of patent trolls, including publicly-traded trolls, is good news; but we take stock of the latest developments in order to better assess the remaining threat<\/span><\/p>\n At a loss for words over the loss of the Unitary Patent, Team UPC and Team Battistelli now blatantly lie and even get together with professional liars such as Watchtroll<\/span><\/p>\n Overzealous patent aggressors and patent trolls in China, in addition to an explosion in low-quality patents, may simply discourage companies from doing production\/manufacturing there<\/span><\/p>\n Microsoft revisits its aggressive patent strategy which it failed to properly implement 12 years ago with Novell; it wants to ‘collect’ a patent tax on GNU\/Linux and it uses patent trolls to make that easier<\/span><\/p>\n Today’s press coverage about the UPC reinforces the idea that the EPO saga, culminating in despicable attacks on Patrick Corcoran (a judge), may doom the UPC once and for all (unless one believes Team UPC)<\/span><\/p>\n The below-the-belt tactics of patent trolls and their allies show no signs of abatement and their tone reveals growing irritation and frustration (inability to sue and extort companies as easily as they used to)<\/span><\/p>\n There is no sign that software patents will be rendered worthwhile any time in the near future, but proponents of software patents don’t give up<\/span><\/p>\n The latest high-profile legal battles, spanning a growing number of nations and increasingly representing a political shift as well<\/span><\/p>\n A few bits and pieces of news from around the world, serving to highlight patent trends in parts of the world where the patent offices haven’t much international clout\/impact<\/span><\/p>\n Links for the day<\/span><\/p>\n Posted in America, Patents at 1:31 pm by Dr. Roy Schestowitz Summary: Docket Navigator and Lex Machina both show a significant decline in litigation \u2014 a trend which is likely to carry on now that TC Heartland is in tact (not for just half a year but a whole year) and PTAB completes another record … <\/p>\n\n
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The decline is of course good news. Unless one is in the business of litigation. On the face of it, Canadian patent bully<\/a> WiLAN is looking ahead at more bullying<\/a> \u2014 something it typically does down south (in the US). As IAM put it some days ago:<\/p>\n\n
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Blockchain Patents Are a Catastrophe in the Making as Trolls and Aggressors Accumulate Them<\/a><\/span><\/p>\n
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Patent Litigation in East Asia: Huawei, Samsung, HTC, Nintendo and COLOPL<\/a><\/span><\/p>\n
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Patent Litigation in the US is Down Sharply and Patent Trolls’ Demise Has Much to Do With It<\/a><\/span><\/p>\n
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Cheating the US Patent System is a Lot Harder After TC Heartland<\/a><\/span><\/p>\n
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RPX Might Soon be Owned by Patent Troll Erich Spangenberg<\/a><\/span><\/p>\n
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Patent Quality (Not Numbers) as an Asset: Oppositions, Appeals and Rejections at the EPO<\/a><\/span><\/p>\n
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Links 19\/1\/2018: Linux Journalism Fund, Grsecurity is SLAPPing Again<\/a><\/span><\/p>\n
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The EPO Ignores This Week’s Decision Which Demonstrates Patent Scope Gone Awry; Software Patents Brought Up Again<\/a><\/span><\/p>\n
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WesternGeco v ION Geophysical (at the US Supreme Court) Won’t Affect Patent Scope<\/a><\/span><\/p>\n
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Links 18\/1\/2018: MenuLibre 2.1.4, Git 2.16 Released<\/a><\/span><\/p>\n
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Microsoft, Masking\/Hiding Itself Behind Patent Trolls, is Still Engaging in Patent Extortion<\/a><\/span><\/p>\n
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Patent Prosecution Highway: Low-Quality Patents for High-Frequency Patent Aggressors<\/a><\/span><\/p>\n
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Press Coverage About the EPO Board Revoking Broad’s CRISPR Patent<\/a><\/span><\/p>\n
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Links 17\/1\/2018: HHVM 3.24, WordPress 4.9.2<\/a><\/span><\/p>\n
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No Patents on Life (CRISPR), Said EPO Boards of Appeal Just a Few Hours Ago<\/a><\/span><\/p>\n
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Only Two Weeks on the Job, Judge Patrick Corcoran is Already Being Threatened by EPO Management<\/a><\/span><\/p>\n
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EPO Board of Appeal Has an Opportunity to Stop Controversial Patents on Life<\/a><\/span><\/p>\n
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Links 16\/1\/2018: More on Barcelona, OSI at 20<\/a><\/span><\/p>\n
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2018 Will be an Even Worse Year for Software Patents Because the US Supreme Court Shields Alice<\/a><\/span><\/p>\n
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Patent Trolls (Euphemised as \u201cPublic IP Companies\u201d) Are Dying in the United States, But the Trouble Isn’t Over<\/a><\/span><\/p>\n
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EPO Management and Team UPC Carry on Lying About Unified Patent Court, Sinking to New Lows in the Process<\/a><\/span><\/p>\n
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China Tightens Its Knot of Restrictive Rules and Patents<\/a><\/span><\/p>\n
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Microsoft’s Patent Racket Has Just Been Broadened to Threaten GNU\/Linux Users Who Don’t Pay Microsoft ‘Rents’<\/a><\/span><\/p>\n
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EPO Scandals Played a Considerable Role in Sinking the Unified Patent Court (UPC)<\/a><\/span><\/p>\n
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J Nicholas Gross Thinks Professors Stop Being Professors If They’re Not Patent Extremists Like Him<\/a><\/span><\/p>\n
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The US Supreme Court Has Just Denied Another Chance to Deal With a Case Similar to Alice (Potentially Impacting \u00a7 101)<\/a><\/span><\/p>\n
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Litigation Roundup: Nintendo, TiVo, Apple, Samsung, Huawei, Philips, UMC<\/a><\/span><\/p>\n
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Roundup of Patent News From Canada, South America and Australia<\/a><\/span><\/p>\n
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Links 15\/1\/2018: Linux 4.15 RC8, Wine 3.0 RC6 <\/a><\/span><\/p>\n
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