Tag Archives: patent troll

Patent Assignment: Distinguishing Trolls from Legitimate Assignees, Part 2

My colleague, Ben Gornall, Patent and Trademark Consultant, has continued our earlier discussion.  My initial post was “IP Litigation as a(n Illegal) Business Model“, to which Ben commented here.  I replied with “Patent Assignment: Trolling the Gap between Potential and … Continue reading

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Patent Assignment: Distinguishing Trolls from Legitimate Assignees, Part 1

My colleague, Ben Gornall, Patent and Trademark Consultant, has continued our earlier discussion.  My initial post was “IP Litigation as a(n Illegal) Business Model“, to which Ben commented here.  I replied with “Patent Assignment: Trolling the Gap between Potential and … Continue reading

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Patent Assignment: Trolling the Gap between Potential and Actual Usefulness

How many of the would-be defendants simply negotiate the licence – not a one-time settlement but an ongoing licence (perhaps under duress?) – to avoid the more costly lawsuit, even though they have no intention of using the patented matter any further?
Here we come to the difference between potential usefulness, which speculation underlies the granting of the patent, and actual usefulness, evidence of which underlies the infringement lawsuit. Continue reading

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IP Litigation as a(n Illegal) Business Model

The difference between a law firm that makes its money by suing on behalf of it clients and a patent trolling business is this: A law firm is an association of professionals who represent injured parties; a patent troll acquires the right to injury and injury damages without having been injured. Continue reading

Posted in Business Law, Intellectual Property | Tagged , , | 2 Comments