Summary: Now that patent trolls are spreading to Europe and the EPO promotes the trolls-friendly UPC we cannot turn a blind eye to the role played by IAM, a de facto voice not just of patent trolls but also Benoît Battistelli [1, 2]
THE Director of the USPTO, who is under attack from the patent microcosm including IAM (they try to oust her by spreading false rumours and fake scandals), did a decent job curtailing patent trolls -- so much so that the world's largest patent troll (Intellectual Ventures, or IV for short) is collapsing and the firm of the original patent troll is now defunct.
It was making a bet on the long-term importance of innovation and IP, a fair wager in an economy where companies derived more and more value from their intangible assets. In 2006 IV founder Nathan Myhrvold described IP to IAM as “the fate of the US economy”, pointing out that the two were inextricably linked. “In 10 years patents will be even more important than they are now,” he said.
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IV is not about to disappear — as this blog pointed out on Tuesday, continuing to focus on its own innovation efforts through its labs and possible spin out companies makes a lot of sense; while from an assertion point of view, it is in many ways becoming a far more potent force, seeding its IP into a wide range of licensing vehicles as well as focusing on its own efforts. If the decision to pull out of the market was driven by investors, you have to wonder just how happy, in the long term, those backers are going to be with the prospect of more IV assets being litigated in court.
This case began in 2014 when Unwired Planet, a U.S.-based patent assertion entity, sued Google, Samsung and Huawei for infringement under six UK patents (corresponding actions were filed in Germany). Unwired Planet claimed that five of the asserted patents, which it acquired from Ericsson in 2013 as part of a portfolio comprising approximately 2000 patents, were essential to the 2G, 3G and 4G wireless telecommunications standards developed under the auspices of the European Telecommunications Standards Institute (ETSI). Because Ericsson participated in development of the standards at ETSI, any patents shown to be SEPs would necessarily be encumbered by Ericsson’s FRAND commitment to ETSI.
According to court documents seen by IAM, Polaris Innovations – the WiLAN-controlled entity which holds the Qimonda patents – originally filed suit against Kingston Technology, a US manufacturer of data storage devices, in February 2016. Polaris alleged infringement of six of its patents relating to dynamic random-access memory (DRAM) technology by numerous Kingston products.