Defensive Patent Pools: There are Surprisingly Few Options
A multinational corporate client, who was concerned about potentially defending non-practicing entity (NPE) patent suits, recently asked me about its options for joining a U.S.-based defensive patent pool. Upon doing the research, I was surprised to learn that there are only really three options: Allied Security Trust , RPX Corporation , and Intellectual Ventures ! First, some background. NPEs, as most of us know, are entities that own one or more patent portfolios, attempt to license them through targeted letter-writing campaigns and then file patent infringement suits against those letter recipients who refuse to enter into non-exclusive licenses. In some cases, due the U.S. Court of Appeals for the Federal Circuit’s 2007 ruling in Sandisk Corporation v. STMicroelectronics Inc. , NPEs often file law suits first and then attempt to negotiate a license with the accused infringer/defendant. Some NPEs have purchased the patents they are...