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Newegg Tells the FTC and DOJ How Patent Trolls Are Damaging Retailers ~pj Updated

Newegg's Chief Legal Officer Lee C. Cheng tells the FTC and DOJ in its public comment [PDF] on Patent Assertion Entities that patent troll is a better phrase than politely calling them PAEs, because it describes exactly what they do:While the FTC's and DOJ's investigation refers to this class of NPEs as "patent assertion entities," I believe that the term "patent troll" is more appropriate. A "troll," as in the under-a-bridge fairy tale figure that blocks one's way across a bridge without some payment (or worse, a fight), is the perfect term for this class of NPEs. Bridge trolls have one thing to offer-a right of way. The trolls have the ability to stop passers by...

Let's Hear From the Trolls For a Change ~pj Updated

I've already highlighted a couple of public comments from those filed with the FTC by companies being harassed by trolls, describing just how destructive they think they are, like Barnes & Noble's and Google/Red Hat's. Now let's take a look at what the trolls have to say in their defense. Wait. It seems their feelings get hurt if you call them trolls. IPNav tells the FTC it's "pejorative". Barnes...

Judge Koh's Order in Apple v Samsung: No Stay on Damages Retrial, Unless... ~pj

Judge Lucy Koh has reached a decision [PDF] on going forward on the retrial on damages in Apple v. Samsung. Trial is set now for November 12th, on damages only, same Daubert rulings, motions in limine, discovery disputes, and evidentiary objections ruled on the same as the first trial, meaning if she made mistakes in the first trial, they'll be repeated in the retrial. "The parties may not relitigate these issues," she writes. So it's all for the appeal court to figure out. She isn't interested in reviewing all that. So if the appeals court orders a third trial, that's the way it will have to be. She wants to keep the damages retrial short and sweet and limited to just one issue, and then send it on its way to appeal, so no new...

The Microsoft v. Motorola Order on RAND, as text, plus Some Appeal Issues ~pj Updated 3Xs

I've found some materials that I think will help us to put the order [PDF] from Judge James Robart in context, the order setting a RAND rate for Microsoft to pay Motorola. From the materials, particularly this report [PDF] from a conference on patent pools and standards bodies held in Brussels in April, 2012, I think you will see that the judge has used the wrong ruler, namely patent pools, to set a rate that is not fair to Motorola for its standards patents. And as you will see, that is the very danger that the conference highlighted, that patent pools can impede innovation, by lowering the price for newcomers to a field who wish to merely implement the standard, like Microsoft, by letting them unfairly underpay those who did the research to develop the standard, as in Motorola. I'm getting the impression that the judge is just guessing at a rate in places, and from the wrong starting point too, and if you look at the footnotes, you'll see what I mean. Whenever he has insufficient evidence, instead of saying, "Well, I guess I can't figure that out on this record," he says,...

In a First, Seattle Judge Sets RAND Rate in MS v. Motorola ~pj Updated 2Xs

I did tell you not to be surprised if the judge in Microsoft's home court in Seattle favored Microsoft in setting a RAND rate for a couple of Motorola standard essential patents in Microsoft v. Motorola. And in fact, he more or less did, in a Findings of Fact and Conclusions of Law [PDF, 207 pages], although he ordered more than Microsoft offered or thought fair. But interestingly, as Matt Rizzolo points out on The Essential Patent Blog,...
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