Intellectual Property News Recap
Interesting and Relevant IP-Related News
IV Selling off Home-Grown Patents
An NPE patent do-si-do
The infamous NPE Intellectual Ventures is changing their tack. IV has a famously large network of subsidiary companies holding a vast number of assets for licensing, ultimately making it impossible for companies to find the patents before paying up. While most of their licensing came from patents they acquired from other companies, they announced last year that they have moved away from acquiring assets. Instead, they’ve pivoted, offloading thousands of patents they originally acquired from Kodak and then handed them over to fellow NPE Dominion Harbor a year ago. Now, they’ve sold another batch of patents to defensive aggregator RPX.
Why it Matters
Previously IV offloaded their acquired patents, whereas in this instance the IV subsidiary they are coming from is associated with their “home grown” patents. Could this be IV’s new business model? Another point of interest is that RPX picked up the patents, having previously taken hold of the Rockstar portfolio, showing they are the go-to place for NPE divestment.
NPE’s European Movements Analysed
Come What May
We’ve been saying for some time that the US is less NPE-friendly, and how Europe is an obvious next port of call for the NPEs. DartsIP has produced a report showing what NPEs have been up to in the EU since 2007. They found that NPEs have shown a 19% growth year-on-year, and that only 5 NPEs accounted for 60% of the NPE litigation, showing that not many have committed to this fully. They also found that Germany was favoured by the NPEs, likely because of their fast procedures and ability to grant injunctions prior to completion of the invalidity action, plus the fact that infringement and invalidity actions are dealt with in different courts.
Why it Matters
NPEs actions are effectively a measure of IP enforcement effectiveness, as they will only go where they can make the infringement cases work out for them. While the US has made enforcing software patents into something of a minefield, NPE litigation in Europe is on the up, and one look at the most common defendants shows that Telecoms is the big tech area being litigated. With the Unitary Patent coming into force soon, could this be the shape of things to come?
How About China Then?
Let’s watch where this goes
While we’re on the subject of growing patent court usage, IAM recently published a look at the 42-case campaign between Samsung and Huawei in China. All the patents asserted thus far have undergone invalidation proceedings, with both parties’ non-SEPs suffering badly, with 12/15 of these being invalidated including all 8 of Samsung’s. The SEPs are faring better, with 6/27 being invalidated, showing that these are much better patents.
Why it Matters
As seen in the data, Huawei seems to be faring much better than Samsung in China. This is a reverse of the phenomenon seen before, where there was no such thing as a home advantage in Beijing in 2015 with foreign plaintiffs winning all 65 of the cases. With Chinese IP on the up, companies around the world will be watching statistics like this closely when considering enforcement.
Other IP News Stories
- Microsoft HoloLens: Will Gamble on Holographic Technology Pay?
- Patents, Copyrights and the Constitution, Perfect Together
- Is there a Light at the End of the Alice Tunnel?
- Waymo v. Uber Shows Even Epic Battles Can Be Resolved – Some Lessons From the Waymo (Alphabet) Versus Uber Theft of Trade Secret Litigation – Uber settles trade secret case with Waymo for $245 million
- Didi Chuxing acquires 150 patents in automotive, self-driving space
- Fixing Our Broken Small Claims System with the CASE Act
- Blockchain, AI, Tech Churn: IP System Must Adapt
- IP Means Gold for Olympic Committee
- Jury finds Corel willfully infringed Microsoft Office patents
- Why the IP system works against the small
- Federal Circuit Upholds Thales Motion Tracking Patent Asserted against U.S. Government for Second Time
- AST acquires 70 patent assets in fixed price, fixed term buying program
- A Poor History of Wright Brothers Concludes they were Patent Trolls
- The Muppets: An Intellectual Property Success Story
- NuCurrent Alleges Patent Infringement After Samsung Feigns Interest in Business Relationship
- Japan takes SEP patent fights out of courtrooms
- Patent Trolls Target Small Businesses With Lawsuit Threats. Here’s How One Startup Fought Back
- How Samsung and Huawei have fared in 42 Chinese patent cases against each other so far
- RPX says it is evaluating “strategic alternatives” and forecasts sharp decline in business
- An exclusive look at Uber’s patent position as purchases ramp up and Waymo dispute settles
- Despite the spin, new report shows NPEs are responsible for a fraction of European patent litigation
- JPO details plan to review SEP essentiality, but there may be little scope for implementers to use it defensively
- Patent owners in the US get a big boost after the Federal Circuit hands down a key 101 decision
- In highly unusual move RPX acquires portfolio of assets from Intellectual Ventures
- Why plaintiffs in US patent cases who understand the odds of victory are almost always best off settling
- Diversity in the workforce leads to more innovation and patents, new study finds
- Uber and Chinese rival Didi beef up their patent portfolios through further acquisitions
- Identifying the world’s most innovative companies and why they stand apart
- Settlement ends global litigation after Chinese injunction plays havoc with US semiconductor equipment imports
Other Tech News Stories
- SpaceX has succeeded in putting the first pieces of its internet plan into space
- Lighthouse’s AI security camera uses autonomous driving smarts
- AT&T names Atlanta, Dallas and Waco first of 12 US cities to get 5G wireless
- Google debuts AdSense ‘auto ads’ with machine learning to make placement and monetization choices
- Sony will launch its own AI-powered taxi hailing service
- Qualcomm is hoping to close its $44 billion acquisition of NXP
- Skydio shows off a drone that can fly itself
- LimeBike raises $70M as the bike-sharing battle rages on
- ARM machine learning processors coming to smartphones
- Boston Dynamics’ robot can now open doors
- Inside Uber’s flying car plan
- Instagram wants to warn you when people screenshot stories