Bonum Certa Men Certa

SCOTUS Decision Affects Not Only Patent Trolls



Summary: Unified Patents -- not just Lex Machina -- claims a sharp drop in patent lawsuits and patent boosters try to characterise this as a trend pertaining to patent trolls even though it is about software patents, irrespective of the nature of their 'holder'

CONTRARY to claims that come from lawyers (patent profiteers), the SCOTUS determination not only affects patent trolls; it truly affects software patents, which many trolls just happen to use the most.



"Claims of decrease in litigation now come not just from one source."Claims of decrease in litigation now come not just from one source. It was Lex Machina (headed by Mark Lemley, the famed Professor of Law) that initially claimed a sharp drop in patent lawsuits following the SCOTUS ruling that achieved so much more than the previous software patents decision (the Bilski case).

Patent maximalists portray this only as a loss for patent trolls: [via]

Further evidence of a dramatic slowdown in patent litigation activity in the United States is provided today in data published by Unified Patents, the entity whose business is based on helping SMEs fight frivolous patent suits. According to the research, which covers the third quarter of this year (June to September), there was a 23% drop in the number of suits filed compared to the second quarter, and a 27% year-on-year reduction.


Unified Patents is another, separate source of data and its findings are similar to those of Lex Machina. Still, the problem is that the patent maximalists paint is as a matter regarding patent trolls, even though it is about litigation in general (including from giant troll-like entities, e.g. Microsoft).

One might make a guess here and assert that patent lawyers are very, very worried that they might be losing business.

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