Sunday, May 13, 2007

CJ becomes a troll

I got scooped in this by a blog I write for as well. However I think this need a bit more of a treatment.

In an interesting new development, CJ Asset Management has decided to be come a patent troll. The company is starting up a fund centered around five "wireless technology" patents owned by anonymous government research institute. I use quotes since I have yet to see the patents and the patents used in these types of cases can be a little obscure as how they relate to the technology they are being targeted at. It seem that the suits will be filed in the US, and the ITC in particular.

While I encourage such stuff, I have a bad feeling about this particular case. The article indicates that the anonymous government agency has looked into enforcement before, only to find it "unable to pursue the issue because of costs". First it does not take that much money for a few C&D's to be shot off, and if the patents are pertinent companies have already learned its easier just to pay. However if the patents in question are not remotely applicable (or if they royalty is exorbitant), its better to fight. If the anonymous institute has already pursued this and has come to this point, it does not reflect flatteringly on the quality of the five patents. 

Second, I find this particularly interesting since the US is the target for the litigation. While patent issues are very expensive to litigate in the US, I find it hard to believe a US firm would turn down a contingency basis similar to the CJ offer if the research institute has a strong case.

Which leads us down a slightly darker path. If the chance of success on these cases are "iffy", what might that say about the quality of the patents. If a target of one of these suits really tries to fight, a common defense is to get the patent either narrowed or invalided completely. If such an act is taken, especially in light of the recent US Supreme Court ruling in KSR v. Teleflex, could this anonymous institute's patents be invalidated? I think CJ may be overplaying its hand.

Finally to get back to the other blog post mentioned before, the list of "targets" of the actions is rather interesting in that leaves out any Korean company. They could already be paying, or perhaps... Well depending on how this is done, it may end up feeding some of the questions about Korea's honesty regarding IP protection.


At May 14, 2007 6:27 PM, Anonymous Paula Chavez said...

The Original Patent Troll Returns

(NORTH ATTLEBORO, Mass., May 7, 2007) All of the fuss about Patent Trolls is driving coalitions of technology sector leaders to Washington, D.C. with their support of this year’s Patent Reform Legislation. With all the fanfare, it is perfect timing for the Original Patent Troll to make his comeback in the recent re-release of The Patents Video, Intellectual Property Videos, LLC.

In 1994, the Patent Troll made his first appearance in The Patents Video. At its first release, The Patents Video was purchased by hundreds of corporations, universities, governmental entities and law firms. In The Patents Video, an unsuspecting victim is surprised by the Original Patent Troll who strategically positioned himself to collect patent licensing revenue.

Using dramatic vignettes, entertaining scenarios, humor and expert advice, The Patents Video explains the most commonly misunderstood concepts and the most critical information about patents. The Patents Video was designed to visually make key messages memorable. Topics include intellectual property (IP) law basics, domestic and foreign patent bar dates, patenting of ideas, and claim language with respect to patent infringement.

Engineers, scientists, marketers, managers, executives and corporate attorneys have a lesson in Bar Dates that no one forgets when they watch The Patents Video. Og, a caveman in a dream, has invented the wheel. Og and Thak push the wheel through downtown – all in public view. The Patents Video, an entertaining educational tool, explains how and why Og and Thak have lost their foreign patent filing rights and explains, in detail, how to avoid triggering U.S. and foreign patent Bar Dates.

A free viewing of a 3.5 minute clip from the 32 minute video is available by visiting YouTube viewers give the clip Five Stars.

Easy video streaming is available for $19.95 per view (volume discounts available) and a DVD copy can be purchased for $299 by visiting Continuing Legal Education (CLE) credit is also available.

Paula N. Chavez
of Intellectual Property Videos, LLC


Post a Comment

<< Home