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Misunderstood patent holders with rights fighting in East Texas

January 3rd, 2011

Misunderstood patent trollsIt’s one of your classic movie plots. Good guys fight bad guys, only to find out that bad guys are misunderstood, thus a compromise is made, fighting stops and now, no more enemies. So it would seem to be taking place in the federal court rooms of East Texas and other parts of the United States.

Could it be that the so called “patent trolls” that have been portrayed as abusers of our legal system for profit are, in reality, simply misunderstood patent holders with rights?

The rising unethical practice of purchasing unmanufactured patent rights in order to sue companies with manufactured products that have the possibility of infringing on the patent has made its enemies throughout the last number of years.

And as the practice is understood, it is justifiably so. But are these “trolls” really doing anything different than your average patent holder? The very creation of the concept of patent holding is to ensure the protection of intellectual property or ideas of invention.

When a patent holders “property” is being produced without their permission, they have the right to be compensated for the infringed use of their idea. This means that the accused patent trolls are practicing the same rights as any patent holder when they pursue anybody who has produced a product or service that infringes upon their patent.

So, technically they are under the same labeling as your average patent holder. Where they vary from the rest is in the area of morally or ethics of why they do it. The pure concept of the labeling a company a ”patent troll” is based on the aggressive pursuit and use of patents solely for litigation without any motivation to manufacture the product, which stunts innovation.

So, our beloved patent trolls not misunderstood, they are bad through and through.

Coalition of Patent Fairness hopes to end corrupt nature of some patent litigation

December 23rd, 2010
patent fairness coalition fighting patent attorneysA lot has been said about so called “patent trolls” creating a ruckus with their abuse of the legal system in order to gain wealth. This practice of obtaining and using held patent rights to gain financial rewards by targeting larger, successful businesses for patent infringements has been greatly looked down upon.

This victimization of large companies has woken a sleeping giant and resulted in the formation of the Coalition of Patent Fairness in order to address the abuse of patent infringement. But, as we use to say back in the day, while big companies have their one finger pointing in accusation, there are 3 more pointing back at them. It looks like the big guys are going after each other as well. In what has become a highly competitive race for the best “smartphone” the big boys are getting a little dirty.
Although patent infringement is a legitimate concern, it seems to me that Apple and Motorola are getting a little petty as each has filed lawsuit against one another for technology “copycatting”. Motorola was the first to strike after filing suit versus Apple for tech infringements concerning the iPhone, iTouch, iPad. But Apple has hit back more recently after filing for tech infringement of their touchscreen and display application versus Motorola and their Droid phone.

And based on Apples choice of Wisconsin for the filing, it looks like they mean to take care of business fast. East Texas has long been seen as the location of choice, but due to the back up of so many patent litigation cases, Wisconsin is quickly gaining recognition as the fastest docket in the nation. Despite location choice, these two companies actions versus one another looks to have taken the edge off of what can be deemed as “unethical” business done by “patent trolls”.