Markman Advisors
Patent Valuation, Monetization and Investments


Markman Advisors Patent Blog

Posts tagged patent troll
Should NPE patent-aggregators be worried about violating antitrust law?

The Federal Circuit recently ruled on a case brought by Intellectual Ventures against Capital One ($COF).  The case is Intellectual Ventures I LLC v. Capital One Financial Corp., 2018-1367 (Fed. Cir. Sep. 10, 2019).  While the underlying case arose out of IV’s assertion of its patents against Capital One, the appeal focuses on Capital One’s counterclaim that IV was an unlawful monopolist by aggregating a series of patents and asserting them through litigation.  Capital One lost the appeal.  But the question remains – how much teeth do antitrust counterclaims have against aggregating and enforcing patents through litigation?

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Is every individual inventor a patent troll?

Unified Patents recently released statistics on patent lawsuit filings.  The statistics show patent filings to be trending downwards fairly significantly from a peak in 2015.  Yet, the statistics also show that the individual inventor, asserting his or her own patent, is behind many patent suits.  Does that matter? 

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Senator Hatch Thinks Some Industries Deserve Patents More Than Others

Senator Orrin Hatch (R-UT) recently proposed an amendment to the Hatch-Waxman Act that would significantly upset the availability of petitions for inter partes review (IPR) for generic pharmaceutical companies.  Senator Hatch appears to believe that brand pharmaceutical companies deserve patents more than others.  

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