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A Fractured Fairy Tale: Separating Fact & Fiction on Patent Trolls

Our first move was to understand who was being identified as “Trolls” by the authorities who have been writing articles so long on the topic. We were surprised to find upon extensive searching on the...

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Probing 10 Patent Troll Myths – A Factured Fairytale Part 2

There are many myths that are attached to the fable of the so-called “patent troll.” Acting like the MythBusters, we probed some of them. For example, the success rate of NPEs overall across 267 random...

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A Factured Fairytale Part 3: More Patent Troll Myths

Myth 4: Patents of NPEs fare much more poorly in reexamination proceedings brought during litigation than those of Producers. Truth: When one includes independent inventors and independent inventors in...

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A Factured Fairytale Part 4: More Patent Troll Myths

As can be seen from Fig. 12, 25% of the cases brought against the retailer were actually brought by Producer companies. The other 75% of cases could indeed be classified as NPE suits. However, of these...

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Patent Troll Epilogue – A Fractured Fairy Tale Part 5

How we deal with the problems uncovered herein is something for deliberate consideration, not the activity of an automaton. For example, this paper demonstrates that patents asserted by inventors and...

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The AIA: A Boon for David of Goliath?

Legend #1: Small Companies have greatly benefited from the new inter partes review procedure in their challenge of the patents of others. Truth: The ratio of large to small entities requesting inter...

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Part 2 – The AIA: A Boon for David or Goliath?

Our inter partes challenge data from pre- and post-passage of the AIA clearly show that of the relatively few initial denials made by the USPTO of an inter partes challenge request, most fell on...

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What New Patent Legislation Portends for the Small Entity Patent Filer

At this time of year we often see many prognostications of what the future holds. From the prospective of the small entity patentee we see big changes in store particularly as some in Congress seem...

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The Small Practicing Entity Bears the Brunt of USPTO IPR Challenge Procedures

Nearly 44% of all patents on which petitions were filed against are patents being held by large entities. While this is a significant increase from the earliest days of IPR where nearly 90% of all...

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Identifying the Real Patent Extortionists: A Review of the Extortionist...

Congress is on the cusp of passing legislation that is said to be designed to control the so-called “patent troll.” Of course, as belatedly recognized by the person who came up with the moniker “troll”...

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A Big Change in the ANDA Litigation Paradigm: Lex Machina’s Legal Analytics

For those of you that do ANDA litigation, as well as other types of patent litigation, you know that ANDA litigation is very different. How a judge reacts to a particular motion in ANDA litigation is...

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