Literature Review: Patent Litigation Popularity

Another recent article, cleverly titled, Of Trolls, Davids, Goliaths, and Kings: Narratives and Evidence in the Litigation of High-Tech Patents, seeks to quantify the most popular “type” of patent disputes. Authored by Santa Clara University School of Law Professor Colleen Chien, the article studies case filings from January 2000 to March 2008. Chien investigated the prevalence of…

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Literature Review: New Research Sheds Light on Patent Troll Litigation

New scholarship from prominent law professors confirms that patent trolls have become a tremendous influence on the legal system, and that their efforts have been targeted at a number of distinct industries and technologies. While empirical studies are inherently subject to the interpretation of the researcher and open to the possibility of conflicting vantage points,…

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Patent Trolling for Dummies

A step-by-step guide to the business of ‘being infringed’: Apply for or acquire vaguely worded, broad patents in areas where the business community is already investing money. When applying, look for areas where there is little focus on documenting prior art (e.g., technology integration, software, business methods, web design). When acquiring, seek out failing businesses…

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Series on Venue Shopping and the Eastern District of Texas Part 2

The Big Question: Why are so many patent cases brought to Marshall?There are three probable explanations for why cases are taken to Marshall so often: plaintiff-friendly juries, the “rocket docket” and numerous plaintiff- hungry lawyers. Today we’ll just focus on the first reason: how and why plaintiff-friendly juries in the Eastern District of Texas create…

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