Story of Patent Troll Lucas & Claire

This article contained two photographs, one of which showed Mr. Detetkin holding a small doll with the image of a troll. The Intel company at the time was facing a patentee, TechSearch, To the infringement of his patent. Mr. Detkin then called these companies "troll patents", in accordance with the video cited, and to avoid any lawsuit for defamation

In response to this development, a new type of behavior appeared in the United States, the "patent trolling", the trolling societies being called "patent trolls", "non-practicing entities" Patent patenter ", or" patent dealer. " The definition of" troll "is understood to mean the adaptation of this term to industrial property. The troll was originally defined as a living being in the mountains or buttes (bergtroll) A giant incarnating natural forces, just like the Titans. The Christianity of Scandinavia made the troll a small being (similar to the goblins of French folklore or the korrigans in Britain) and above all a monster, often identified with Satan in The folk tales

So What are they ?

They are entities that do not manufacture any products, do not have industrial activity, employ mainly lawyers, who acquire patents but do not invent patented technology. Their patent portfolios come exclusively from purchases to independent inventors or companies, often in judicial liquidation, and thus acquired at a very low price

We are very far from the "social contract", which rewards inventing and encourages technical development, the patent troll emerging here from the traditional negotiating framework that can exist between patentee / counterfeiter, since it does not strictly defend its property But mended its position of strength

What are the Solutions ?

Faced with this difficulty, means have been put in place, such as the blog "troll tracker" or the association "patent freedom" which propose to shed light on these parasites.

Case Law

The most notable case being undoubtedly the one between RIM (Research in Motion), producing Blackberry mobile phones, and NTP. On March 3, 2006, RIM announced to the press that it had concluded An agreement with NTP, a small company domiciled in Virginia (USA), in order to avoid the litigation initiated by the latter. The patent at issue claimed the exchange of e-mail thanks to a system This agreement involved $ 612.5 million, which was paid by RIM to avoid any ban on the use of this technology by the judge, which would have meant the bankruptcy of the company and the Technology for the 3 million users already equipped in Blackberry at the time

The number of patent trolls in the United States is currently estimated at 219 (more than 1,500 if the subsidiaries are included), whose patent portfolio will exceed 12500 titles filed or under consideration

MYNARD A.L’improbable réforme du bureau federal des brevets et des marques: le rôle croissant des patents trolls dans le système d’innovation américain. www.bulletinselectroniques.comconsulté le 20/04/09

Born in USA a patent troll uses patents as legal weapons, instead of actually creating any new products or coming up with new ideas.

Instead, trolls are in the business of litigation (or even just threatening litigation). They often buy up patents cheaply from companies down on their luck who are looking to monetize what resources they have left, such as patents.

Most of the time patents are just on software or business methods and their target are small society or big groups.

Armed with these overbroad and vague patents, the troll will then send out threatening letters to those they argue infringe their patent(s). These letters threaten legal action unless the alleged infringer agrees to pay a licensing fee, which can often range to the tens of thousands or even hundreds of thousands of dollars.

Many who receive infringement letters will choose to pay the licensing fee, even if they believe the patent is bogus or their product did not infringe.

That’s because patent litigation is extremely expensive — often millions of dollars per suit — and can take years of court battles. It’s faster and easier for companies to settle.

Patent trolls can be useful for start-ups who want to fight multinationals because patent holding possess a lot of money.

SUMMARY

1. A patent troll uses patents as legal weapons

2. Trolls are in the business of litigation

3. Patents are just on software or business

4. Holding send letters to company using their patents where they ask to pay or they will bring them before the law

THANK YOU By Lucas & Claire

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