Re: THE MYTH OF THE PATENT TROLL
in response to
by
posted on
Feb 19, 2007 08:07AM
"More precisely, the nature of these so-called trolls can be boiled down to three general categories. At one end of the spectrum are individual owners of patented inventions that do not make a product but are suing a large corporation for infringement. In the middle are companies like Intellectual Ventures, an intellectual property think tank that generates ideas for the purpose of patenting, with an eye towards eventually licensing those patents. On the other end of the spectrum are patent holding companies like Acacia Research Corporation, a company that purchases patents merely for licensing and enforcement purposes. Notably, none of the activities associated with trolls are well-regarded in the corporate community."
e.Digital does not fit the above....they have an ongoing fully scaled venture that has struggled to hold that distinction.
"In an attempt to curtail the activities of patent trolls, large corporations are seeking the option of having injunctions stayed when the patent holder is not in competition with the infringer. Further, large corporations are pushing for new legislation targeted at stopping trolls. Finally, several commentators have criticized them."
e.Digital is an ongoing fully scaled venture.
"In addition to challenges to trolls in court, major legislative reform is being pressed. In June of 2005, Congressman Lamar Smith introduced the Patent Reform Act of 2005, the most substantial legislative reform to the patent system since 1952. The Act was largely prompted by disdain for patent trolls and their practices. The proposed bill includes several significant changes to the patent system. For purposes of this Comment, the most significant is the proposed injunctive stay provisions, which are aimed directly at trolls. The original bill required a finding of irreparable harm not compensable by damages before an injunction could be granted, and allowed courts to consider how the company owning the allegedly infringed patent actually used the invention when granting an injunction. The sponsors of the bill “encourage[d] the Committee to take aim at those who seek to abuse the patent system for profit.”
No matter what significant changes are made....
e.Digital is an ongoing fully scaled venture....and will do what it is necessary to protect that status.
doni