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The White House officially unveils 5 executive actions and 7 legislative proposals aimed at...

The White House officially unveils 5 executive actions and 7 legislative proposals aimed at patent trolls. In addition to previously-reported items (I, II), the White House plans to review ITC procedures for setting import bans, and recommends giving businesses "better legal protection" for using products targeted by suits. Though many tech companies applaud the move, Microsoft (MSFT) is worried it "targets software innovations more broadly." Quartz isn't impressed, arguing (among other things) the action doesn't touch existing patents, and that the USPTO remains understaffed. Potentially affected companies: ACTG, WILN, VRNG, VHC, RPXC.
Comments (16)
  • SoCalNative
    , contributor
    Comments (431) | Send Message
     
    bullish!
    5 Jun 2013, 01:08 PM Reply Like
  • Patent Plays
    , contributor
    Comments (847) | Send Message
     
    Little to no impact on patent aggregators. The administration is trying to look effectual in the face of Apples lost to Samsung.
    5 Jun 2013, 01:26 PM Reply Like
  • wxyzl
    , contributor
    Comments (47) | Send Message
     
    Indeed the administration is trying to look effective. A common complaint.
    5 Jun 2013, 01:37 PM Reply Like
  • hanakookie
    , contributor
    Comments (77) | Send Message
     
    Who cares about the squabble between the two. AAPL is creating jobs in a key market. Samsung now you have some market share now where are the jobs. Oh I forgot your still a protectionist.
    5 Jun 2013, 01:51 PM Reply Like
  • WACG
    , contributor
    Comments (375) | Send Message
     
    VHC has slipped the "Patent Troll" moniker by announcing today a commercial product named Gabriel based upon some of their IP. True trolls do not have opposable thumbs thus preventing them from actually making something - other than noises in courtrooms in Texass.
    5 Jun 2013, 02:05 PM Reply Like
  • Leont68
    , contributor
    Comments (1357) | Send Message
     
    VRNG has a video ring tones , so it is not a "patent troll" ?
    5 Jun 2013, 02:29 PM Reply Like
  • PendragonY
    , contributor
    Comments (5584) | Send Message
     
    I am shocked! shocked! I say to hear anyone say that this administration is putting forward ineffective proposals just to generate postive press coverage.
    5 Jun 2013, 02:36 PM Reply Like
  • justice98
    , contributor
    Comments (8) | Send Message
     
    If I own land, and some guy decided to build a luxury hotel on it without my consent, they owe me. Doesn't matter if I'm not using it. That's basically how I feel about patents. If you don't own it, pay for it.

     

    Having said that, these actions don't seem like they would've affect companies like VRNG and VHC much at all had they been in effect before now.
    5 Jun 2013, 03:38 PM Reply Like
  • dcmorris
    , contributor
    Comments (266) | Send Message
     
    It's called Eminent Domain. Government entities have the right to take property and give it to someone else without your consent that would benefit the governing body, with fair market value of course. Good luck with that.
    I know this doesn't pertain to patents, but it never ceases to amaze me what Govt. is capable of.
    5 Jun 2013, 04:28 PM Reply Like
  • Sbremer21
    , contributor
    Comments (10) | Send Message
     
    Worried me a little when this hit yesterday as I am long RPXC, but their conference yesterday made it seem like a non-issue.
    5 Jun 2013, 03:39 PM Reply Like
  • CABBIE
    , contributor
    Comments (6) | Send Message
     
    I read the fact sheet and am comfortable that Wilan, a company that I am long, will be largely unaffected by both the executive actions and the legislative recommendations. I was struck, in a negative way, by the "patent troll" language in the executive actions portion; it smacked of political rhetoric and frankly had a socialist feel to it.

     

    As far as Wilan is concerned, the only real implications for them are first that they identify as the patent filer/holder rather than the just the inventor. Second, Wilan does make use of subsidiaries from time to time and might need to change that practice, but that
    is an easy fix. Wilan does not, as business practice, lie in ambush on its IP.

     

    Wilan's IP focus is less on software patents (V-Chip...ouch!) and more on tangible goods (hardware, medical products).

     

    In assessing the WH initiative, focus should be placed on the executive actions as they will be implemented right away, funding permitting - which of course is always the hammer. Legislative recommendations are only that - recommendations - and the track record of this administration is weak in getting it's recommendations passed into law.

     

    As an aside, the WH might have a testy first case to review under executive order #5, when the ITC decision to exclude import of certain Apple devices hits the oval office.
    5 Jun 2013, 03:39 PM Reply Like
  • imac007
    , contributor
    Comments (447) | Send Message
     
    Backyard inventors are often better served to license their patented ideas. A new and ingenious fishing lure might appeal to Dick's Sporting Goods, as an exclusive product. They would pay for the rights to make and sell them. Wilan appeal to these and others who want to focus on their core business and not have to worry about marketing and/or enforcing their patents.

     

    "Gladios IP is a division of WiLAN that was established in 2010 to provide an alternative for owners of intellectual property (IP) who are seeking to generate revenue from their patents while retaining ownership."

     

    Basically they are in the marketing, licensing and enforcement of intellectual property. This is also a good idea for large corporations since it creates an arms length distancing that ensures fairness. Mosaid a company Wilan tried to acquire had a large portfolio of Microsoft patents in such an arrangement. Typically the deal is that the IP company extracts and oversees intrinsic value from the patent/trademark/copyr... Commonly, the IP company gets a % of proceeds rather than a simple management fee. Arrangements vary and are usually negotiable.

     

    This role is more like engaging legal representation to enforce your patents. Hardly the, "let's buy up whatever patents we can find to buy and see how many people we can screw over with them", portrayal of patent firms. Law firms that seek damages in negligence/accident cases, get tarred with a similar brush, as "ambulance chasers". Name calling like this is a "blame the victim" tactic. Assertion of rights should never be characterized as abuse. Unfair claims of rights are the central issue. Expert oversight is needed and while drug companies have it with the FDA, technology companies have to fight it out with a referee that doesn't know the sport. He knows the rules of the patent game but not the actual technology playing field. The problem is widespread from biotech to complex modern technologies. They need expert oversight that can deliver immediate fair judgements, protecting both sides rights. Patent law experts are trying to get expert advice from technology experts instead of tech experts getting legal advice about patent law. The tail is wagging the dog in oversight. That is what needs fixing. Patent law experts still won't be able to recognize technical claim "abuses". Technology experts can. More regulation is not the answer. It doesn't matter where in the ocean you put a leaky boat.
    5 Jun 2013, 05:07 PM Reply Like
  • The Deep Value Investor
    , contributor
    Comments (278) | Send Message
     
    Obama is a troll
    5 Jun 2013, 04:19 PM Reply Like
  • crookedneck
    , contributor
    Comments (159) | Send Message
     
    This was the best joke I read all week!

     

    Let's see, the Obama administration can't get anything productive done towards solving our debt crisis situation, but unveil 5 executive actions and 7 legislative proposals aimed at patent trolls.

     

    What's next, an executive order to limit the amount of grease allowed to make french fries? Hey, this isn't a joke either, they are considering it!

     

    I think it's time that "we the people" demand to suspend all pay to these clowns who could care less about anything, other than fine meals, fancy cars, nice suits, fine wine, the best entertainment money can buy, extravagant travel, personal assistants, golf, etc. etc. etc.

     

    Hey congress, is this a great country or what? Cheers!
    5 Jun 2013, 05:22 PM Reply Like
  • Rick Berger
    , contributor
    Comments (1006) | Send Message
     
    ''... it never ceases to amaze me what Govt. is capable of ''.

     

    It never ceases to amaze me how many fools underestimate Gov./Congressional action.
    5 Jun 2013, 09:25 PM Reply Like
  • dcmorris
    , contributor
    Comments (266) | Send Message
     
    Nice read while we are waiting.

     

    http://bit.ly/13oz8Lj
    6 Jun 2013, 09:12 PM Reply Like
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