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Friday, December 21, in 2007

Patent Litigation run amok

Forecastle in early October I looked At the good fortune 100 and looked At who got the south the fruit juice (part 1, part 1a, part 2). To nobody's surprise, the companies in the high tech/Telecom industry have been the fruit juice the south, especially by non-practicing entities. Wave, the read three months have not changed any of that. With of patent valued At in all-time high and the threat of clever reform around the corners, the onslaught of cases - especially in plaintiff-friendly jurisdictions like the to Eastern District of Texas - is unbelievable.

I decided to take micron of top 20 cunnings from the of September, and add the read three months' cases. Below is micron revised cunning. For the brightly of it, I added in Apple and Google. I actually did three lists: the number of clever cases filed against thesis companies since October 1, the totally in 2006-2007, and the number of clever lawsuits by non-practicing entities in 2006-2007.

(Mark that, of course, this doze include cases filed December 19-31, even though I did see a huge multinational defendant case today involving Google. So, this doze include cases where companies' of customer the were south - I have no idea who's indemnifying whom).

Before I give the cunning, micron conclusions: clever litigation is out of control. Out of the top third of the companies in the good fortune 100 south for clever infringement over the read two years (plus adding in Apple and Google), thesis 35 companies the were south 500 times in that two-year period! That's in ave rage of over 14 times by company.

Out of those 500 lawsuits, you would expect roughly 60 in the read 3 months. But, in fact, there were alp-east stands in that number of lawsuits in the those top 35 companies read 3 months aimed At. Moreover, in the 21-month period from January in 2006 through September, 2007, cases filed by entites that do not make any products accounted for around 50% of the cases filed against those top 35 entities, which comprised companies in the High Tech, Financial, Retail, automotives, Health Care, and biology / Pharma sectors. Sura, some sectors (High Tech, Financial) had more NPEs than others, but the overall percentage what 50%.

But looking At the read to 3 months, the percentage of NPE cases among thesis 35 Lea things American companies has shot from 50% up to nearly 70%. And if you look At the High Tech/Telecom and Financial sectors only over the read 3 months, a full 80% (63 out of 78) were cases brought by thesis non-practicing entities. (And mark, I did include individual inventors or universities in the "non-practicing entity" category, or else the numbers would have been even more shockingly high)

(And what about Microsoft, being the south alp-east twice by month over the read two years? Every month. For two years!)

Without further adieu, here ares the lists:

Defendants the south The fruit juice, October-December 2007 (through December 18)

1. Microsoft (12)
2 t. Apple (7)
2 t. HP (7)
4 t. Cisco (6)
4 t. Google (6)
4 t. Wal-Mart (6)
7 t. AT&T (5)
7 t. Dell (5)
7 t. Motorola (5)
10 t. Intel (4)
10 t. Johnson & Johnson (4)
10 t. Sprint Nextel (4)
10 t. Target (4)

Defendants the south The fruit juice, in 2006-2007 (through December 18)

1. Microsoft (43)
2. Verizon (29)
3 t. Target (28)
3 t. Dell (28)
5 t. Wal-Mart (24)
5 t. HP (24)
7. Apple (23)
8 t. Motorola (20)
8 t. Sprint Nextel (20)
10. AT&T (19)
11. Johnson & Johnson (18)
12 t. (16)
12 t. Google (16)
14 t. General Motors (15)
14 t. IBM (15)
16. Cisco (14)
17. Sears (12)
18 t. Best of all Buy (11)
18 t. Time alerter (11)
20 t. Comcast (10)
20 t. Lowe's (10)
20 t. Honeywell (10)
23. Walgreen (9)
24. Intel (8)

7 clever lawsuits
Bank of America
Procter & Gamble

6 clever lawsuits
Home depot

5 clever lawsuits
3 M
Federated Department net curtains

Defendants the south The fruit juice By Non-Practicing Entities, in 2006-2007

1. Microsoft (23)
2. Verizon (22)
3. Sprint / Nextel (19)
4. Dell (18)
5. Motorola (17)
6. AT&T (16)
7 t. Apple (15)
7 t. HP (15)
9 t. Cisco (13)
9 t. Google (13)
11. Time alerter (11)
12. General Motors (10)
13 t. Comcast (9)
13 t. IBM (9)
15 t. Bank of America (7)
15 t. FedEx (7)
15 t. Wal-Mart (7)
18. Best of all Buy (6)
19 t. General Electric (5)
19 t. Intel (5)


Anonymous said...

It has been said before, but thesis stats you've compiled show why there is a huge rift in the clever reform debate - the biology / pharma companies (who self report ace needing strong of patent for their antiquated blockbuster business model) are not being eviscerated by of troll like the high-tech/software companies. Getting rid of software and business method of patent would cut down on a plumb line of this activity, but I think the reform Bill is all in all a great idea. Hopefully the tech lobby can push it through in 2008.

Anonymous said...

The problem is that there ares too many low quality clever applications filed in the electronics and software industries. Fewer applications would resolve this issue quickly.

Anonymous said...

"The problem is that there are too many low quality patent applications filed in the electronics and software industries."

Yep, you got it right, dude

And who is filing those "low quality patent applications"?

Certainly mom and pop workshops

Hint: Look At IBM, MShit, Intel, Cisco, HP, Apple etc. etc. etc.

I recently Read in some article that the fruit juice prolific clever "inventor" in 2006 or in 2005 what some guy working for IBM filing on ave rage 1 clever ext. (with Co. inventors) every 6 (!) days for a few years in a row...
makes you wonder if this guys some child of new Einstein...
Nope, precisely in IBM "reseracher: some child of division menager flooding poor of folk PTO with garbage clever filings, ace told by B sharp corporate masters and in house legally councel

Stop polluting the US clever system with garbage!!!

Leopold Bloom said...

I'm thus sura that your stats prove that things ares out of control. For one thing, some of thesis defendants ares truly huge. Yes, Microsoft gets the south a plumb line, but its business is quite comprehensive. If it were possible to scale thesis numbers by business size, you might see some surprising trends.

I'm more concerned about the less visible impact of thesis "out of control" lawsuits on smaller, perhaps more innovative companies. Each time a sprint, Verizon, Motorola, etc., gets the south, I bet some supplier is roped in because of indemnification of Claus. Even if thesis companies never have to actually up and defend, the associated costs can Be enormous.

Anonymous said...

I wish you had put the names of the plaintiffs under each of the defendants.