Summary: Action against patent trolling seems imminent, but the behaviour of companies like Apple is largely overlooked for now
Parasitical elements in a government-backed scheme are being tackled by the government, which is still investigating the matter. Apple has been suing Android, which it views as a top rival. The aim is to tax (make more expensive) or castrate Android. As one report put it last week:
At the end of August, Apple Inc seemed on top of the world. Fresh off a resounding $1.05 billion U.S. legal victory over arch-foe Samsung Electronics Co Ltd, the company was gearing up to launch the fifth iteration of its iconic iPhone. Just a week prior, its market value had surpassed Microsoft Corp's and it became the most valuable technology company in history.
Yet in a later media event at Gizmodo where anyone could ask him questions, Hogan was asked a question about whether he had considered if the patents should have issues, which he answered by contradicting the above instructions:Demon-Xanth: Did you have the opportunity to ask "Is this something that should be patentable?" during the trial?Samsung said he was "deliberately dishonest".
Velvin Hogan: @Demon-Xanth No, however it was not the function of this jury to ask that. We were bound to use the law as it is today. The patents were issued the judge instructed us not to second guess the current patent system.
The Federal Trade Commission and Department of Justice will hold a joint public workshop on Dec. 10, 2012, to explore the impact of patent assertion entity (PAE) activities on innovation and competition and the implications for antitrust enforcement and policy.
Patent trolls drain businesses of billions of dollars a year. And if you have a website--any website--you are a potential target. Here's what you need to know if they come after your business.
For the first time, individuals and companies that do not themselves make anything - commonly known as "patent trolls" - are bringing the majority of U.S. patent lawsuits, according to a study by a California law professor.
Federal Circuit Declines Chance to Eliminate Split Involving Standard of Review, Prompting Blistering Dissent
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“Not surprisingly,” Judge Moore explained, “given the clear direction from the Supreme Court, the regional circuits are unanimous that the issue of objective reasonableness under Rule 11 is to be reviewed deferentially by the appellate courts.”
On Friday, December 7, 2012, the United States Court of Appeals for the Federal Circuit issued a precedential opinion in Raylon v. Complus Data that gives hope to defendants everywhere who face objectively baseless patent infringement claims.