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Does Smartphone Patent Enhance Or Detract the Information Society?
Does smartphone patent enhance or detract the information society? PANG, Ya-Fang. Available from the Sheffield Hallam University Research Archive (SHURA) at: http://shura.shu.ac.uk/20774/ A Sheffield Hallam University thesis This thesis is protected by copyright which belongs to the author. The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author. When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. Please visit http://shura.shu.ac.uk/20774/ and http://shura.shu.ac.uk/information.html for further details about copyright and re-use permissions. I Collegiate Learning Centre | Collegiate Crescent Campus Sheffield 810 23P 102 044 779 6 ProQuest Number: 10702877 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 10702877 Published by ProQuest LLC(2017). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 Does smartphone patent enhance or detract the information society? Ya-Fang Pang A thesis submitted in partial fulfilment of the requirements of Sheffield Hallam University for the degree of Master of Laws by research June 2014 Abstract Functionality, simplicity, appearance, and the price are the influencing factors when consumers are choosing a phone. -
The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Industry
Organization Science Articles in Advance, pp. 1–20 ISSN 1047-7039 (print) ISSN 1526-5455 (online) https://doi.org/10.1287/orsc.2016.1092 © 2016 INFORMS The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Industry Yongwook Paik Olin Business School, Washington University in St. Louis, St. Louis, Missouri 63130, [email protected] Feng Zhu Harvard Business School, Harvard University, Boston, Massachusetts 02163, [email protected] trategy scholars have documented in various empirical settings that firms seek and leverage stronger institutions to Smitigate hazards and gain competitive advantage. In this paper, we argue that such “institution-seeking” behavior may not be confined to the pursuit of strong institutions: firms may also seek weak institutions to mitigate hazards. Using panel data from the global smartphone industry and recent patent wars among key industry rivals, we examine how smartphone vendors that are not directly involved in patent litigation strategically respond to increased litigation risks in this industry. We find that as patent wars intensify, smartphone vendors not involved in any litigation focus more of their business in markets with weaker intellectual property (IP) protection because of institutional arbitrage opportunities. This strategic response is more pronounced for vendors whose stocks of patents are small and whose home markets have weak-IP systems. Our study is the first to examine the relationship between heterogeneity in national patent systems and firms’ global strategies. It provides a more balanced view of firms’ institution-seeking behavior by documenting how they make strategic use of weaker institutions. Keywords: patent wars; patent litigation; intellectual property (IP) enforcement; patent thicket; smartphone; platform-based markets; platform competition History: Published online in Articles in Advance November 21, 2016. -
Inhibiting Patent Trolling: a New Approach for Applying Rule 11 Eric Rogers Molecular Templates, Inc
Northwestern Journal of Technology and Intellectual Property Volume 12 | Issue 4 Article 2 2014 Inhibiting Patent Trolling: A New Approach for Applying Rule 11 Eric Rogers Molecular Templates, Inc. Young Jeon e-Litecom Co., Ltd. Recommended Citation Eric Rogers and Young Jeon, Inhibiting Patent Trolling: A New Approach for Applying Rule 11, 12 Nw. J. Tech. & Intell. Prop. 291 (2014). https://scholarlycommons.law.northwestern.edu/njtip/vol12/iss4/2 This Article is brought to you for free and open access by Northwestern Pritzker School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of Technology and Intellectual Property by an authorized editor of Northwestern Pritzker School of Law Scholarly Commons. NORTHWESTERN JOURNAL OF TECHNOLOGY AND INTELLECTUAL PROPERTY Inhibiting Patent Trolling: A New Approach for Applying Rule 11 Eric Rogers & Young Jeon November 2014 VOL. 12, NO. 4 © 2014 by Northwestern University School of Law Northwestern Journal of Technology and Intellectual Property Copyright 2014 by Northwestern University School of Law Volume 12, Number 4 (November 2014) Northwestern Journal of Technology and Intellectual Property Inhibiting Patent Trolling: A New Approach for Applying Rule 11 By Eric Rogers & Young Jeon* There has been an alarming rise in the number of litigious entities—commonly referred to as patent trolls or non-practicing entities—that make no products but file dubious patent infringement lawsuits merely to extract money from commercially productive companies. High litigation costs provide a fertile environment for an exploitive business model that uses shotgun tactics to threaten patent infringement claims against numerous companies, many of which will make a purely financial decision to pay patent trolls rather than expend even more money in litigation. -
New Battle Lines in the Patent Wars?
The Catholic University of America, Columbus School of Law CUA Law Scholarship Repository Scholarly Articles and Other Contributions Faculty Scholarship 2021 Fintech: New Battle Lines in the Patent Wars? Megan M. La Belle Heidi Mandanis Schooner Follow this and additional works at: https://scholarship.law.edu/scholar Part of the Intellectual Property Law Commons LABELLE.SCHOONER.42.1.2 (Do Not Delete) 1/13/21 10:37 AM FINTECH: NEW BATTLE LINES IN THE PATENT WARS? Megan M. La Belle† & Heidi Mandanis Schooner† Historically, financial institutions have relied on trade secrets and first-mover advantages, rather than patents, to protect their inventions. For the few financial patents that were issued, conventional wisdom was that they weren’t terribly interesting or important. In our 2014 study on financial patents, we showed that banks were breaking from past patterns and increasingly seeking patent protection. We explained that financial institutions were primarily building their patent portfolios as a defensive measure—i.e., to protect themselves from infringement suits. Indeed, the finance industry successfully lobbied Congress to include provisions in the America Invents Act of 2011 that made it easier to invalidate financial patents through administrative review. Yet, two significant developments call for a revisit of our 2014 study: first, the rise of fintech and, second, the recent $300 million verdict in the first bank-on-bank patent infringement suits—United Services Automobile Association (USAA) v. Wells Fargo. This paper explores how the rise of fintech has changed the purpose of patenting among banks, and what a possible fintech patent war would mean for the future of both the financial and patent systems in this country. -
Global Antitrust Review Issue 7, 2014
The Interdisciplinary Centre for Competition Law and Policy (ICC) GLOBAL ANTITRUST REVIEW ISSUE 7, 2014 ICC Global Antitrust Review A PUBLICATION OF THE INTERDISCIPLINARY CENTRE FOR COMPETITION LAW AND POLICY (ICC) Editors Dr Kadir Bas ([email protected]) Andriani Kalintiri ([email protected]) Eda Sahin ([email protected]) Assistant Daniele D’Alvia Editors Advisory Mr David Bailey, UK Competition Appeal Tribunal Board Mr Christopher Brown, Barrister, Matrix Chambers Mr Manish Das, Freshfields Bruckhaus Deringer Prof Ariel Ezrachi, Oxford University Prof Ioannis Lianos, University College London (UCL) Dr Okeoghene Odudu, Cambridge University All inquiries to: Global Antitrust Review (GAR) Interdisciplinary Centre for Competition Law and Policy (ICC) 67-69 Lincoln’s Inn Fields London WC2A 3JB United Kingdom Tel: + 44 (0)207 882 8122 Fax: + 44 (0)207 882 8223 Email: [email protected] www.icc.qmul.ac.uk Prospective contributors should consult the ‘Guidelines for Authors’ before submitting their articles. © Individual contributors and the ICC, 2014 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical photocopying, recording, or otherwise, without the prior permission of the ICC. ICC GLOBAL ANTITRUST REVIEW ISSUE 7, 2014 ICC GLOBAL ANTITRUST REVIEW ISSUE 7, 2014 EDITORIAL BOARD’S MESSAGE 5 ARTICLES Antitrust Paternalism in the ‘Smartphone Wars’ BRANDON D. CHAN 7 The Real Shortcoming of the UK Cartel Offence: A Lack -
Predictably Expensive:Ac Ritical Look at Patent
PREDICTABLY EXPENSIVE: A CRITICAL LOOK AT PATENT LITIGATION IN THE EASTERN DISTRICT OF TEXAS Brian J. Love* James Yoon† CITE AS 20 STAN. TECH. L. REV. 1 (2017) ABSTRACT In this Article, we compare U.S. patent litigation across districts and consider possible explanations for the Eastern District of Texas’ popularity with patent plaintiffs. Rather than any one explanation, we conclude that what makes the Eastern District so attractive to patent plaintiffs is the accumulated effect of several marginal advantages—particularly with respect to the relative timing of discovery deadlines, transfer decisions, and claim construction—that make it predictably expensive for accused infringers to defend patent suits filed in East Texas. These findings tend to support ongoing efforts to pass patent reform legislation that would presumptively stay discovery in patent suits pending claim construction and motions to transfer or dismiss. However, we also observe that courts in the Eastern District of Texas have exercised their discretion in ways that dampen the effect of prior legislative and judicial reforms that were aimed (at least in part) at deterring abusive patent suits. Given courts’ broad discretion to control how cases proceed, this additional finding suggests that restricting venue in patent cases may well be the single most effective reform available to Congress or the courts to limit patentees’ ability to impose unnecessary and unwarranted costs on companies accused of patent infringement. * Assistant Professor and Co-Director of the High Tech Law Institute, Santa Clara University School of Law. My work on this Article was supported in part by the INPRECOMP Project of the Center for Law, Science & Innovation (LSI) at the Arizona State University Sandra Day O’Connor College of Law. -
Artikelen PRIVATEERS and TROLLS JOIN the GLOBAL PATENT WARS; CAN COMPETITION AUTHORITIES DISARM THEM?
Mr. M. Dolmans1 Artikelen Privateers and trolls join the global patent wars; can competition authorities disarm them? Computerrecht 2014/37 a component that is subject to network effects, and you can threaten producers with catastrophic loss. On Halloween of 2013, patent assertion company – Patents proliferate in the ICT sector. This is partially Rockstar, owner of one of the largest patent portfo- due to patent mining and strategic patenting – firms lios in the world, 2 filed patent law suits against seven creating dense thickets of overlapping patent claims mobile phone makers and Google in the Texas ‘rocket covering and surrounding a product to block rivals. As docket’. 3 This heralded an escalation in the mobile patent offices are overwhelmed by applications in new, patent world war raging since 2010. fast-moving and complex technology areas, some think they grant patents without adequate review, leading to This ‘Halloween Attack’ is symptomatic of an in- lower patent quality. 4 Yet, in a portfolio, volume makes creasing problem: opportunistic exploitation of up for weakness. Patents are presumed valid, and chal- patents by Patent Assertion Entities (‘PAEs’, or less lenging patents is costly and time-consuming. More politely, ‘trolls’), and the strategic use of such PAEs important, if one patent is annulled or found not in- by firms to hamper their rivals. The war stories from fringed, patentees will have others. Litigation becomes the mobile phone sector are interesting as examples like a fight against the Hydra: chop off one head and of a competitive game, but even more as a harbin- two more grow. -
The Technical Challenge Facing Software Inventions
Inside IP Venner Shipley’s Intellectual Property Magazine Autumn/Winter 2012 The technical challenge facing software inventions Further developments on the law relating to SPCs Broad terms and class headings - has “IP Translator” taken away trade mark protection? What’s inside? The technical challenge facing software inventions – page 4 Pawel Piotrowicz brings some clarity to the issues surrounding defining technical character in patents for computer-implemented inventions. Further developments on the law relating to SPCs – page 7 Following on from our report in the Spring / Summer 2012 issue of Inside IP on decisions relating to the allowability of SPCs, Tim Russell details further recent developments on the same issue. Broad terms and class heading – has “IP Translator” taken away trade-mark protection? – page 9 Kate Szell indicates that it might be time for businesses to review European trade mark portfolios following a decision by the CJEU which could restrict the scope of existing trade mark registrations. A fashionable monopoly – Christian Louboutin v Yves Saint Laurent – page 11 Julia McFarlane details the US Court of Appeal’s decision on protecting single colours as trade marks by the fashion industry G1/10 – correcting errors in granted European patents – page 13 Sian Gill reports on how a recent decision of the Enlarged Board of Appeal of the EPO has altered options for correcting errors in granted patents. Feeling used? Genuine use of a European Community trade mark – page 14 The Advocat General has issued guidelines on what constitutes genuine use of a CTM ahead of a decision by the CJEU. David Birchall discusses the implications. -
Some Observations on the Patent Troll Litigation Problem
Intellectual Property& Technology Law Journal Edited by the Technology and Proprietary Rights Group of Weil, Gotshal & Manges LLP VOLUME 26 • NUMBER 8 • AUGUST 2014 Some Observations on the Patent Troll Litigation Problem By Christopher Hu atent infringement cases brought by so-called problem can be addressed. In brief, the problems P patent trolls have received considerable atten- stem from the way nonpracticing entities (NPEs) tion in recent years, enough so that both Congress use or misuse the judicial system, not the US Patent and the White House have chimed in on the sub- Office. Accordingly, the solution primarily involves ject.1 The number of cases filed by patent trolls, the applying existing judicial procedures more vigorously cost of defending or settling these cases, the size with minimal changes to existing substantive law. of some judgments, the perceived frivolousness of some cases, and the use or abuse of litigation as a The Patent Troll “Problem” tool to “extort” settlements have all drawn atten- tion to this issue. Adding to the controversy is the Some Statistics on Patent Troll Litigation sentiment among some that it is inherently unfair NPEs, also known as patent trolls or patent asser- or economically wrong for an entity that does not tion entities (PAEs), are a fact of business life in the practice a patent to profit by asserting it. United States. Definitions of a patent troll vary but Although there is some statistical data concerning the common element of every definition is that a the assertion of patents by trolls, and a considerable patent troll is an entity that does not itself practice a amount of anecdotal evidence, there appear to be patent but instead asserts the patent against entities no rigorous studies on the economic effect of trolls. -
Patent Trolls' Hefty Tolls
0125.012456.84151 3PAT0125.PAT-012456.8 28 | INTELLECTUAL PROPERTY Patent18254520.321.654921 Trolls’ Hefty Tolls Lawmakers target shell companies that threaten small businesses with bogus25167282012456012456 claims of patent violations. BY012456012456012456 JONATHAN GRIFFIN ampires, zombies, werewolves (especially the teen variety) and aliens have captured people’s inter- est once again. On TV, at the movies and in books, these fantastical beasts entertain and thrill those brave enough to watch or read about them. But there is one creature that entertains no one and Vevokes only groans3PAT0125.012456.86465 and sighs when its name is uttered, and that’s the “patent troll.” These real-life ogres are largely to blame for more than doubling the number of patent lawsuits in the last 10 years, and in 2011 alone cost U.S. businesses $29 billion in legal fees. Beyond the Tolkien-inspired name, what is a patent troll? And more important, what, if anything, should state lawmakers do to curb the harm many claim they do to small businesses? Patent trolls,67641353PAT0125.012456.8 formally known as patent assertion entities (PAEs), generally are holding or “shell” companies that don’t manufacture anything but hold a number of patents, typically purchased legally from bankrupt firms. They make their money by sending threatening letters to companies claiming they have been violating one or more of their (often vaguely defined) pat- ents. The letters say that if the companies pay the license fees to use their patents,0125.012456.84151 they won’t be sued. PAEs usually request unreasonable fees in light of the alleged infractions and often fail to give companies any details about under fire. -
Patent Assertion Entity Activity: an Ftc Study
Patent Assertion Entity Activity AN FTC STUDY Federal Trade Commission October 2016 PATENT ASSERTION ENTITY ACTIVITY: AN FTC STUDY A REPORT OF THE FEDERAL TRADE COMMISSION EDITH RAMIREZ Chairwoman MAUREEN K. OHLHAUSEN Commissioner TERRELL MCSWEENY Commissioner Heather Hippsley Chief of Staff David B. Robbins Executive Director Deborah L. Feinstein Director, Bureau of Competition Jessica L. Rich Director, Bureau of Consumer Protection Ginger Zhe Jin Director, Bureau of Economics David Shonka Acting General Counsel Randolph W. Tritell Director, Office of International Affairs Jeanne Bumpus Director, Office of Congressional Relations Tara Isa Koslov Acting Director, Office of Policy Planning Justin Cole Director, Office of Public Affairs Donald S. Clark Secretary of the Commission Andrew I. Gavil Former Director, Office of Policy Planning* Martin S. Gaynor Former Director, Bureau of Economics Francine Lafontaine Former Director, Bureau of Economics Marina Lao Former Director, Office of Policy Planning Report Drafters and Contributors Suzanne Munck, Deputy Director, Office of Policy Planning & Chief Counsel for Intellectual Property Daniel S. Hosken, Deputy Assistant Director, Bureau of Economics John E. Dubiansky, Office of Policy Planning J. Elizabeth Callison, Bureau of Economics Julie A. Carlson, Bureau of Economics Jason O’Connor, Bureau of Economics Elizabeth A. Gillen, Office of Policy Planning Benjamin Chartock, Bureau of Economics Christopher Bryan, Office of Policy Planning Henry C. Su, Office of Chairwoman Edith Ramirez Inquiries -
This Opinion Is Subject to Motions for Rehearing Under Rule 22 As Well As Formal Revision Before Publication in the New Hampshire Reports
NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by e-mail at the following address: [email protected]. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court’s home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Sullivan No. 2018-0198 AUTOMATED TRANSACTIONS, LLC & a. v. AMERICAN BANKERS ASSOCIATION & a. Argued: February 14, 2019 Opinion Issued: August 16, 2019 Shaheen & Gordon, P.A., of Concord (Steven M. Gordon, Timothy J. McLaughlin, and Stephanie K. Annunziata on the brief, and Mr. Gordon orally), for the plaintiffs. Devine, Millimet & Branch, P.A., of Manchester (Jonathan Shirley and Joshua M. Wyatt on the brief, and Mr. Wyatt orally), for defendant American Bankers Association. Litchfield Cavo, LLP, of Lynnfield, Massachusetts (Mark A. Darling and Bethany P. Minich on the brief, and Mr. Darling orally), for defendant Credit Union National Association. Desmarais Law Group, PLLC, of Manchester (Debra L. Mayotte on the brief and orally), for defendants Robert H. Stier and Pierce Atwood, LLP. Gilles R. Bissonnette, of Concord, on the brief, for American Civil Liberties Union of New Hampshire and Electronic Frontier Foundation, as amici curiae.