TWO days ago, the Boston Globe -- perhaps feeling a sense of blind duty/loyalty to Boston -- did yet another one of those puff pieces for this infamous troll; we highlighted another recent one earlier in the month, so it's not the first of its kind lately. We must wonder how it came about. Media outreach maybe? Infomercial? Paid for?
You might recall a few months ago I wrote about Blackbird Technologies, an NPE with a novel approach to patent litigation. Blackbird is a company owned by lawyers. It buys patents from patent owners, apparently with a share of any litigation wins flowing back to the owner. The lawyers who own Blackbird also litigate the cases. This, as I noted, creates some ethical and practical issues.
[...]
So far, I count 6 cases filed by Mr. Agarwal in the few months he’s been in operation. A pretty solid pace!
The SR-71 Blackbird, of course, was one of the fastest things in the air.
Agarwal’s cases appear to be filed against relatively small businesses, and (at least so far) none of these cases has gone very far. One was stayed pending an IPR, which was recently instituted. All but two have been dismissed before any significant progress in the case, often by Mr. Agarwal. This kind of pattern of behavior is common amongst NPEs. For example, one NPE (Shipping & Transit) was ordered to pay attorney’s fees in part due to a pattern of behavior including “repeatedly dismiss[ing] its own lawsuits to evade a ruling on the merits and yet persist[ing] in filing new lawsuits advancing the same claims.”