Patent trolling at the USITC

01-10-2012

Paul Sutton

The eyes of the technology world are following a proliferation of patent infringement lawsuits involving claims and counterclaims of infringement.

The eyes of the technology world are following a proliferation of patent infringement lawsuits involving claims and counterclaims of infringement. As I write this column, focus is on a mega trial which began on July 30 in San Jose, California, between Apple Inc and Samsung Electronics Co. Each is claiming infringement of patents directed to features of smartphones.

Similar lawsuits by much smaller players are progressing before the US International Trade Commission (USITC) as well as in courts around the world. A number of these smaller plaintiffs are ‘patent trolls’ or nonpractising entities (NPEs).

The terms ‘patent troll’ and NPE are used to describe persons or entities which are considered aggressive and opportunistic, and which do not intend to manufacture or market the patented invention. They seek to profit from their patent rights through the negotiation of licences with accused infringers.


Patent trolling, USITC, NPEs, Apple, Samsung

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