Patent Troll Attorney Licensed Patents To Be Used Against His Own Firm's Clients
from the gotta-keep-the-company-busy dept
Within the patent attorney/patent trolling world, there's been a story gathering steam over the last couple months that seems to only get more bizarre every week. It started, simply enough, at the beginning of September when a company, which was just formed a few months ago, called Illinois Computer Research, sued Google for patent infringement. The patent in question (which amusingly enough, can be found hosted at Google) is officially for "Enhancing touch and feel on the internet". The details show that it's really just describing how you might represent a book online -- and, in fact, the lawsuit points to Google's book scanning project as being infringing. There's nothing all that interesting there, other than yet another case of a company doing nothing suing a company that's doing quite a bit of innovating using an overly broad an obvious patent. However, at the end of the article linked above there's a small aside that has turned out to be much more important: "The inventor listed on the patent is Scott C. Harris of San Diego, Calif. Presumably, he is the same Scott C. Harris listed as a Principal in the San Diego office of Fish & Richardson P.C, a patent prosecution firm." From that, you would probably assume that Fish and Richardson was behind ICR's lawsuit. In fact, you'd be wrong. Google is actually a Fish & Richardson client... whereas ICR is represented by Niro, Scavone, a firm that has fought against Fish & Richardson quite a bit.Then the details started to come out. It appears that a top partner at Fish & Richardson was filing for patents on the side and then licensing them out to patent trolls, often so that they would then sue companies -- including companies represented by his own employer, Fish & Richardson. Now, I know I said that I'm not a fan of the term "patent troll," but in this case it appears completely warranted, as the very same Scott Harris happens to run a website (currently taken down) called ImAPatentTroll.com. If he's okay with it, then I see no reason not to use it to describe him. Fish & Richardson fired Harris, but the story doesn't end there. Illinois Computer Research isn't just suing Google... it's also suing Fish & Richardson for supposedly trying to get Harris to get it to drop the suit. Now, Fish & Richardson has filed quite a response, claiming that Harris used company time, equipment and resources to file for a bunch of patents -- and then, rather than just licensing or selling those patents, would work out special deals with the companies he licensed the patents to, allowing him (personally) to get a cut of any legal wins those firms get in suing for infringement. He even would point out firms that might be infringing on the patent. Many of the negotiations for those relationships were done using his Fish & Richardson email -- even one email discussion that pointed out that Google (again, an F&R client who Harris had even done some work for) was potentially infringing on Harris' patent and could be a good target for a lawsuit. Welcome to the lovely world of patent extortion, where the money from the practice is so lucrative that one of the highest paid lawyers at a top law firm would quietly license his patents to be used against his own firm's clients in exchange for a cut of the profits.
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Filed Under: patent attorneys, patent trolls, patents
Companies: fish & richardson, google
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Typical Corporate Behavior
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Ethics in the legal profession...
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Re: Ethics in the legal profession...
Even politics - but don't get me started . . . :)
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Re: Re: Ethics in the legal profession...
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Re: Ethics in the legal profession...
Well, I ADMIRE him! You should give "Atlas Shrugged" by Ayn Rand a read sometime. Or maybe not. The world needs dumb "nice guys" to feed the smart ones.
He was just smarter than that. Can't blame him for not being stupid.
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Re: Re: Ethics in the legal profession...
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Wow
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Litigation Industry
Oh, wait... the lawyers would be helping to regulate it. Damn.
I just think it is very interesting that lawyers organize seminars that other lawyers come to in order to learn the strategies of how to sue. Ever see those commercials on TV regarding Mesothelioma, taking phen-phen, or other class-action suits that spend lots of money for TV time? Part of the litigation industry...
Say anything about it, and you might get sued.
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Regulation
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I've said it before and I'll say it again: It may be overgeneralizing but Attorneys produce absolutely NOTHING of concrete value to society other than interpretation of its laws, which, in many cases, is twisted to attorneys whims. Why law is included among the noble professions is beyond me.
If 90% of all doctors were to suddenly die tomorrow it would be a crisis.
If 90% of attorneys died.....?
pfft
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There would be anarchy.
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If 90% of attorneys died.....?
the remaining 10% would sue us into oblivion. They would claim copyright, trademark, and patent infrigement somehow and would sue for ungodly amounts of money in order to compensate their "irreparable damages".
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Rewards
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Re: Rewards
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Re: Re: Rewards
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Re: Re: Rewards
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Re: rewards
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they did what now
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Open Source Law
a frayed knot
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Attorneys
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Attorneys
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Is it ever OK for a patent attorney to be an inven
Assume a patent attorney:
a) invents a chemical process,
b) expressly informs his law firm about his interest in setting up a chemical company,
c) engages independent patent counsel outside his firm to represent him,
d) engages his law firm to represent his company (thus seeking to avoid conflicts),
e) actively seeks venture capital to become a producer rather than a troll,
f) has never represented a client in the same area of technology,
g) at the time of invention, no firm clients had been involved in even the same general area of technology.
Is this acceptable? Or is it inherently bad because a patent attorney is seeking to be an innovator?
If you can't guess why I'm asking, it's because I am that guy. I set up a company, after informing my law firm of my interests in doing so. My company is trying to raise funds to set up a production facility. I'm still maintaining a full-time position at the firm, and all of my clients are in totally unrelated technologies.
I'm curious to hear what my patent colleagues would say.
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JAPAN: CESSPIT OF ANARCHY
JAPAN: 1 attorney per ~10k people
It's too bad about Japan, what with the anarchy, blood in the streets, and all. If only they had more than %5 the USA's per-capita attorneys things might've stayed peaceful and prosperous for longer.
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attorneys
He got TALLER......
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