Patent Valuation, Monetization and Investments

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Markman Advisors Patent Blog

by Zachary Silbersher

Posts tagged Fortress
Google’s policy statement on patent reform reiterates its desire that patents should be worthless.

On April 28, Google published a policy statement on the need for specific patent reforms. The statement was published by Google’s General Counsel, Halimah DeLaine Prado, and titled, Reforming the patent system to support American innovation. The statement is a notable read given that it issued from one of the largest Big Tech companies. The statement identifies four concrete areas where patent reform is purportedly required. Behind its prescriptions lingers its agenda—namely, that patents should have no value at all.

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How does Intel’s antitrust lawsuit against Fortress change the patent narrative?

Intel’s lawsuit takes aim at a new aspect of PAEs. That aspect is patent aggregation. Intel and Apple, two big-tech companies, are seeking a court ruling that would essentially hold that the very act of aggregating patents can give rise to antitrust violations. The implications of that could redound far beyond the alleged scourge of “patent trolls.” Indeed, the real targets of Intel’s lawsuit are not PAEs, but rather startups.

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Three reasons Intel’s antitrust patent-suit against Fortress is bad policy.

Intel recently sued Fortress for antitrust violations based upon its alleged monopolistic aggregation of patents.  Intel’s allegations mirror those by Capital One against Intellectual Ventures, which were recently rejected by the Federal Circuit.  Over the past several years, any patent assertion has had to contend with certain expected defenses:  Alice, IPRs, threats of Octane Fitness.  Are antitrust counterclaims the next trend? 

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