"While the Supreme Court has not definitively ruled on it," says this new 'analysis' from a patent law firm. "the majority of federal courts have found that a company’s unilateral refusal to license its patents does not violate Section 2 of the Sherman Act." This so-called 'analysis', i.e. shameless self-promotion or marketing, is titled "Unilateral Refusals to License Intellectual Property". They are actually talking about patents, not "Intellectual Property" [sic] which is a vague term that lumps together trademarks, copyrights, patents and sometimes trade secrets.
"There is still a major battle over patent policy and the perception of patents’ value."On the brighter side of things, the demise of software patents means that a lot of patent trolls are not longer capable of blackmailing companies (it's riskier against large companies which can afford going to court, whereupon the asserted patent/s would be invalidated). Some don't even bother trying anymore. "Buyer beware," says a new article from Forbes today (titled "Yahoo's Patents Are a Pile of Junk, Report Says"). "Little has gone right for Yahoo, which is one reason the flailing tech giant decided this spring to sell off the bulk of its patent portfolio." We saw similar reports last week and last month. After Alice, a landmark 2014 decision, Yahoo's patents (a lot of business methods and software) would no longer have any value.
Also see "Companies Considering Purchase of Yahoo! Excalibur Patent Portfolio Face Major Risk, According to TurboPatent" and "Nearly Half Of Yahoo Excalibur Patent Portfolio Likely Invalid, Unenforceable, Data Suggests". In Twitter, one person told me that "most software patents are piles of junk. Worked on decommissioning 1 Y! [Yahoo] product based on a patent."
Speaking of buyouts, IAM, which now bemoans China's patent bias (as if the West does not have the same kind of bias), points to this press release from Thomson Reuters and says it "point[s] to Asia's rising IP star", whatever that means (they're trying to encourage more patent activity in east Asia, as usual).
There is still a major battle over patent policy and the perception of patents' value. The more patents come into existence, the lesser the value of each pertinent patent. The battle is fought between those who profit from patent maximalism and those who are victims of such maximalism. Guess whose side IAM stands for... follow the money. ⬆