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Intellectual property
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Abandonware
Artificial intelligence and copyright
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Copyright troll
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Outline of intellectual property
Outline of patents
Higher categories: Property and Property law
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In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company engaged in patent monetization against accused infringers far beyond the patent's actual value or contribution to the prior art,[1] often through hardball legal tactics (frivolous litigation, vexatious litigation, strategic lawsuits against public participation (SLAPP), chilling effects, etc.) Patent trolls often do not manufacture products or supply services based upon the patents in question. However, some entities (such as universities and national laboratories), which do not practice their asserted patent, may not be considered "patent trolls", when they license their patented technologies on reasonable terms in advance.[2]
Other related concepts include patent holding company (PHC), patent monetization entity (PME),[3] patent assertion entity (PAE), and non-practicing entity (NPE), which may or may not be considered a "patent troll" depending on the position they are taking and the perception of that position by the public. While in most cases the entities termed "trolls" are operating within the bounds of the legal system, their aggressive tactics achieve outcomes contrary to the origins of the patent system, as a legislated social contract to foster and protect innovation; the rapid rise of the modern information economy has put the global intellectual property system under more strain.[4]
Patent trolling has been less of a problem in Europe than in the United States because Europe has a loser pays costs regime.[5] In contrast, the U.S. generally employs the American rule, under which each party is responsible for paying its own attorney's fees. However, after the U.S. Supreme Court's decision in Octane Fitness, LLC v. ICON Health & Fitness, Inc. on April 29, 2014, it is now easier for courts to award costs for frivolous patent lawsuits.
^"Chief Judge Rader: Improving Patent Litigation". September 27, 2011.
^"These Aren't The Patent Trolls You're Looking For". April 12, 2014.
^Jeruss, Sara; Feldman, Robin (2012). "The American Invents Act 500: Effects of Patent Monetization Entities on U.S. Litigation". Duke Law & Technology Review. 11: 357–388. Retrieved May 6, 2024.
^
Bain, Malcolm; Smith, P McCoy (October 2022). "Chapter 10: Patents and the defensive response". In Brock, Amanada (ed.). Open source law, policy and practice(PDF) (2nd ed.). Oxford, United Kingdom: Oxford University Press. pp. 213–255. doi:10.1093/oso/9780198862345.003.0010. ISBN 978-0-19-886234-5. Retrieved January 1, 2023.
^Ward, Annsley Merelle (April 25, 2014). "Fordham Report 2014: The European Unitary Patent and the Unified Patent Court". IPKat. Retrieved May 25, 2014. Europe also has a loser pays costs regime which is one reason why unlike in the US the troll problem is not too bad. [quoting Klaus Grabinski of the German Federal Supreme Court]
and business, patenttrolling or patent hoarding is a categorical or pejorative term applied to a person or company engaged in patent monetization against...
copyright troll began to appear in the mid-2000s. It derives from the pejorative "patenttrolls", which are companies that enforce patent rights to earn...
such broad patents are held by non-practicing entities (patenttrolls), which do not contribute to innovation. Enforcement by patenttrolls of poor quality...
Arstechnica.com. 27 January 2013. Retrieved August 31, 2017. ""Shopping cart" patenttroll tries to save itself, gets pounded by Newegg". Arstechnica.com. 6 September...
indefinitely, and evaluated by the NSA. Comparison of instant messaging clients Patenttroll "Paltalk - Find Friends in Group Video Chat Rooms - Apps on Google Play"...
Marathon Patent Group and was the patent holding company that is the parent of Uniloc, allegedly a patenttroll company. Marathon purchased patents related...
Enforcement by patenttrolls of poor quality patents has led to criticism of the patent office as well as the system itself. Patents on pharmaceuticals...
license is immune from any future patent claims made by Rothschild Patent Imaging and Leigh Rothschild. GNOME Patenttroll Portals: Linux Free and open-source...
the rights to two patents related to challenge response: patents US6199102 and US6112227. Mailblocks then proceeded to patenttroll several other companies...
reduce the impact of patent lawsuits initiated by non-practicing entities, such as patenttrolls or universities acting like patenttrolls. reasonable royalty...
the "patenttroll" changes the claim of the violation in order to accuse the developer of having violated a different assertion in the patent. This situation...
and Monica's new firm, Bream-Hall, as leverage to get a job. 35 7 "The PatentTroll" Jamie Babbit Andrew Law June 4, 2017 (2017-06-04) 0.862 Pied Piper's...
Zephyr Cove, Nevada. VirnetX has been described as a patenttroll, whose primary business model is patent licensing and suing infringing companies. The company...
organization that was formed to combat patent assertion entities (PAEs), also known as patenttrolls, by cross-licensing patents that fall into the hands of PAEs...
Personal Audio, a company referred to as a "patenttroll" by the Electronic Frontier Foundation (EFF), filed a patent on podcasting in 2009 for a claimed invention...
these patents to third parties. The company has been described as the country's largest and most notorious patenttrolling company, the ultimate patent troll...
infringe the original patent. Design-arounds can be a defense against patenttrolls. The amount of license fee that a patenttroll can demand is limited...
infringement Copyfraud Industrial espionage File sharing Music piracy Patenttroll Plagiarism Scams in intellectual property Digital rights management Exhaustion...
threats of litigation are referred to as patent assertion entities (PAEs) or, more pejoratively, patenttrolls. On June 4, 2013, in the United States,...
Open content Open Invention Network Open Patent Alliance Open source Patenttroll Public domain Software patent Viral license Hope, Janet (2008). The Red...
that which is left when intellectual property rights, such as copyright, patents, and trademarks, expire or are abandoned. In this historical context Paul...
entrepreneur replies to patenttroll with racketeering lawsuit". Ars Technica. September 16, 2013. Hoffman, Lyz, "PatentTroll Throws Counterpunch in FindTheBest...
and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual...
ruling to all claims under the patents in question. After claiming Evergreening Patent misuse Patenttroll Term of patent in the United States U.S. Committee...
the Constitution grants Congress the right to establish copyright and patent laws. Shortly after the Constitution was passed, Congress enacted the Copyright...
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