Patent Law Practice Center

Patented University Technology Creates Jobs

On Monday, August 5, 2013, the Association of University Technology Managers (AUTM) released the highlights of the AUTM U.S. Licensing Activity Survey: FY2012. The full results of the survey won’t be available until later this year, but the “highlights” release does provide some interesting quantitative information about licensing activities at U.S. universities, hospitals and research institutions.

Institutions responding to the survey reported startup companies formed by 70 institutions employed 15,741 full-time employees. The survey also showed:

• 22,150 total U.S. patent applications filed (+11.3%)
• 14,224 new patent applications filed (+7.2%)
• 5,145 issued U.S. patents (+9.5%)
• 5,130 licenses executed (+4.7%)
• 1,242 options executed (+7%)
• 483 executed licenses containing equity (+16.1%)
• Total license income: $2.6 billion (+6.8%)
• 705 startup companies formed (+5.1%)
• 4,002 startups still operating as of the end of FY2012 (+1.9%)

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Litigation Abuse: The “Problem” of Patent Trolls

The term “patent troll” conjures up all kinds of images and ideas, but what is a patent troll?  The answer is that there is really no universally accepted definition of what a patent troll is.  In the most common sense of the term, it is usually reserved for those who acquire patents from inventors or companies, perhaps through bankruptcy, auction or otherwise, and then turn around and sue giants of industry for patent infringement.  In this situation, patent trolls are typically extremely well funded, they are not engaging in any commerce, so they do not fear a patent infringement counter-claim because they are not infringing, or doing, anything.

Over time, however, as the debate has matured and many with a patent reform agenda seek to weaken patent rights in hopes of solving their short-term litigation concerns, the term patent troll has morphed to mean any non-practicing entity. Such a definition of patent troll is overly broad, though, because it collects many entities that are simply not doing anything other than pursuing the American dream. These individuals and entities include universities, independent inventors, research & development companies, and federal laboratories. Indeed, such a list of innovators has typically been one that has been celebrated, not reviled.

But there are, of course, bad actors.

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The Week in Patents – New Patent Reform, Wii

This week was a busy week in the patent field. With summer in full swing and the end of the month coming, many were likely on vacation or working feverishly to close out the month.  So you might have missed a thing or two.  Understandable, but we have you you covered.  Here are three things from the week you might want to know about for your practice existence, and some interesting industry news to share at the dinner table with your kids so they don’t think patents are boring.

Congress Considers Weakening Design Patents in Auto Industry

The U.S. House Judiciary Subcommittee on Intellectual Property, Competition, and the Internet held a hearing August 1, 2012, on H.R. 3889, the “Promoting Automotive Repair, Trade, and Sales Act” or PARTS Act, legislation introduced by Representatives Darrell Issa (R-Calif.) and Zoe Lofgren (D-Calif.).

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Top 5 Patent Law Blog Posts of the Week

Today we continue our weekly installment highlighting the best of the patent blogosphere from the past week. If there are any patent blogs you think should be highlighted by our Top 5, please comment on this post and we’ll check them out.

1) Patently-O: Supreme Court: No Move Yet on Denying Human Gene Patents – This post discusses the Myriad gene patent case. In particular, the post provides the procedural history and current status of the case asking issuing the question of whether or not human genes are patentable.

2) Foss Patents: After Apple, Microsoft Also Files an EU Antitrust Complaint Against Motorola Mobility Over FRAND Abuse – This post outlines potential impact of the two industry leaders’ complaints against MMI with the European Commission. The post also sheds light on the new and growing phenomenon of “FRAND abuse tourism”: companies like Samsung and Motorola start litigation in places like Germany only because they see better chances of winning injunctions based on standard-essential patents than, for example, in the United States. (more…)

Patent Law Institute Live Blog: Litigating Against NPE’s

Welcome to day 2 of the Patent Law Institute! The live blog will continue throughout the day, as will the live tweeting (@plipatentlaw, #PatentLawInstitute). The first panel we are reporting from this morning is entitled, “Litigating Against Non-Practising Entities,” and features P. Anthony Sammi, Partner at Skadden, Arps, Slate, Meagher & Flom LLP concentrating his practice on litigating intellectual property cases, particularly high-technology patent cases, at the trial level. Sammi shares proven strategies for defeating NPEs and explains the difference about litigating against an NPE. If you missed out today, you’ll be able to see this panel live in San Francisco on March 19-20th. Here are the highlights: (more…)