The America Invents Act 500 Expanded: Effects of Patent Monetization Entities

Feldman, Robin; Ewing, Thomas; Jeruss, Sara

doi:10.2139/ssrn.2247195

Cited by 10 publications

(16 citation statements)

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“…106 And the most successful validity challenges today-patentable subject matter and indefinitenesswere virtually unknown twenty years ago. 107 At the same time, many of our results will sound familiar to experienced students of the patent system.…”

Section: Resultsmentioning

confidence: 99%

Understanding the Realities of Modern Patent Litigation

Lemley¹

2016

Preprint

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Sixteen years ago, two of us published the first detailed empirical look atpatent litigation. In this Article, we update and expand the earlier studywith a new hand-coded data set. We evaluate all substantive decisionsrendered by any court in every patent case filed in 2008 and 2009 —decisions made between 2009 and 2013. We consider not just patent validitybut also infringement and unenforceability. Moreover, we relate theoutcomes of those cases to a host of variables, including variables relatedto the parties, the patents, and the courts in which those cases werelitigated. The result is a comprehensive picture of the outcomes of modernpatent litigation, one that confirms conventional wisdom in some respectsbut upends it in others. In particular, we find a surprising amount ofcontinuity in the basic outcomes of patent lawsuits over the past twentyyears, despite rather dramatic changes in who brought patent suits duringthat time.

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Section: Resultsmentioning

confidence: 99%

Understanding the Realities of Modern Patent Litigation

Lemley¹

2016

Preprint

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“…A recent important study, commissioned by the Government Accountability Office (GAO) for the America Invents Act, defines patent monetization companies as "those entities whose primary focus is deriving income from licensing and litigation, as opposed to making products". 37 The opening statement of that study highlights the urgent need for theoretical and empirical research on this largely unknown underbelly of the U.S. patent system:…”

Section: The Proliferation Of Patent Monetization Servicesmentioning

confidence: 99%

Global Strategic Patenting and Innovation Policy and Research Implications

Ernst

2015

SSRN Journal

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“…(PMEs) [4,9,6,17,7]. Patent monetization entities are companies that hold patents, license patents, and file patent lawsuits, but do not sell products or provide services practicing the technologies described in their patents, or any related technologies [11]. Their business model depends on extracting revenue from licensing and litigation, rather than from product sales.…”

Section: Introductionmentioning

confidence: 99%

“…3 The AIA explicitly directed the Government Accountability Office (GAO) to conduct a study "on the consequences of patent infringement lawsuits brought by non-practicing entities." 4 The Federal Trade Commission, Department of Justice, and Patent and Trademark Office have all held recent workshops on issues such as patent assertion entities and proposed patent rule changes to provide more transparency as to patent ownership [10]. And in February 2013, President Obama stated that "patent trolls" are a problem [Id.].…”

Section: Introductionmentioning

confidence: 99%

“…As patent reform has become a hot topic, so the reformers are increasingly turning to data and data-driven experts to guide their decisions. For example, the GAO hired Lex Machina to provide data on the percentage of non-practicing entities filing suit for the AIA mandated study [11]. For further example, for the DOJ/FTC Hearings on patent assertion entities, the DOJ/FTC invited Santa Clara Law School Professor Colleen Chien to testify as to the number of lawsuits filed by patent assertion entities [10].…”

Section: Introductionmentioning

confidence: 99%

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Identifying patent monetization entities

Surdeanu

Jeruss

2013

Proceedings of the Fourteenth International Conference on Artificial Intelligence and Law

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The United States has seen an explosion in patent litigation lawsuits in recent years. Recent studies indicate that a large proportion of these lawsuits, increasing from 22% in 2007 to 40% in 2011, were filed by patent monetization entities (PMEs), i.e., companies that hold patents, license patents, and file patent lawsuits, but do not sell products or provide services practicing the technologies described in their patents. We introduce a classifier that identifies which patent litigation lawsuits are initiated by PMEs. Using features extracted from the entities' litigation behavior, the patents they asserted, and their presence on the web, the proposed classifier correctly separates PMEs from operating companies with a F1 score of 85%. We believe that such a classifier will be a useful tool to policy makers and patent litigators, allowing them to gain a clearer picture of the 37,000+ patent lawsuits filed to date and assessing newly filed cases in real time.

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The America Invents Act 500 Expanded: Effects of Patent Monetization Entities

Cited by 10 publications

References 0 publications

Understanding the Realities of Modern Patent Litigation

Understanding the Realities of Modern Patent Litigation

Global Strategic Patenting and Innovation Policy and Research Implications

Identifying patent monetization entities

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