Big Time Patent Attorney Jumps Into The Patent Trolling Game By Buying 4,500 Patents From Micron
from the abusing-the-system dept
I recently had a conversation with a patent litigator for a big name law firm. He tends to work on the "defense" side of things -- defending tech companies against lawsuits from patent hoarders, who he felt were causing serious problems for innovation. That said... he admitted that watching how much money folks make by hoarding patents and suing big companies for actually innovating, it's really tempting to get into the game. At some point, your resolve wares down, and you realize there's just so much money to be made abusing the system, that it's difficult to resist. We've seen that a lot. In fact, two years ago, we wrote about how many of the new generation of "patent trolls" were former patent lawyers themselves, who felt it was better to make money abusing the system directly, rather than being a hired gun for some other patent hoarder.In our recent post about Erich Spangenberg, he admitted that was part of his reasoning. After working for a big law firm for a bit, he decided it was more lucrative to own the patents and sue everyone himself, rather than just being a lawyer working for others. In that article, Spangenberg also mentioned that Micron had recently sold a bunch of patents to a well-known patent attorney, John Desmarais. That story is now getting more attention, as Bloomberg has an entire article about Desmarais jumping ship from his big law firm to buy 4,500 patents from Micron and put them into a new firm that will be used to demand money from lots of tech companies.
It's hard to read the article and not be depressed. Here's someone who clearly knows how the system is being abused, and rather than fight for a better system, he decides to abuse the system himself. Such is the state of our broken patent system.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: incentives, john desmarais, patents, trolling
Reader Comments
Subscribe: RSS
View by: Time | Thread
It's hard to read the article and not be depressed *
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
Punny?
[ link to this | view in chronology ]
Re: Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
No its an ad for a carpet cleaner ...
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
how the hell do these scumbags sleep at night? oh wait. big piles of free money while the destroy innovation. yea. almost forgot about that.
so can we have a modern day robin hood? I volunteer to be friar tuck.
[ link to this | view in chronology ]
Re:
I volunteer to be friar tuck.
that's really the only role for a neckbeard...
[ link to this | view in chronology ]
Re: Re:
i mean damn, I was born for this role!
[ link to this | view in chronology ]
Re: Scumbags
[ link to this | view in chronology ]
Re: Re: Scumbags
[ link to this | view in chronology ]
I think if everyone tried to abuse the system, as a rule, it would force the government to fix the system. So in a twisted sense by making the system worse he is giving the government and others incentive to fix it. Things have to get worse before they get better.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
do you have some examples to the patents you claim he will be trolling with?
[ link to this | view in chronology ]
Re:
Licensing patents to be used? The technology would be used irrelevant of being licensed or not.
You're right - push the issue in court - but the monetary gains won't be going to micron.
[ link to this | view in chronology ]
Re: Re:
Or any other vehicle of innovation. I would however allow this man to hire lawyers to siphon funds from innovators. That's what he meant by "he is using it as designed".
[ link to this | view in chronology ]
Re:
So the system is designed to be abused? It's designed to promote extortion and hinder progress and take money away from successful companies who spend their money to innovate and give it to failures who sue for no good reason? Just goes to show you what the patent system is intended to do and provides more reason to destroy it.
"perhaps he is going to get into actually licensing the patents so they can be used, rather than leaving them lying in microns drawer, untouched."
But neither promotes the progress. The former prevents others from using it, the later takes money from the successful and gives it to the failures. Instead, a patent system where these patents are automatically invalidated allows the successful to innovate without worrying about infringing upon bogus patents.
"perhaps micron has allowed others to infringe on their patents without taking action, but a lawyer by profession feels he can risk his time to push the issue in court."
and this promotes the progress how?
[ link to this | view in chronology ]
Re: Re:
If he's using it as designed, then it isn't abuse.
It's designed to promote extortion and hinder progress and take money away from successful companies who spend their money to innovate and give it to failures who sue for no good reason?
Yes. So?
Just goes to show you what the patent system is intended to do and provides more reason to destroy it.
You and whose army of lawyers?
[ link to this | view in chronology ]
Re: Re: Re:
They games are designed with that functionality. A little creativity opens it up.
[ link to this | view in chronology ]
Re:
Well, you could have tried reading the linked article. Here it is again in case you missed it the first time:
http://preview.bloomberg.com/news/2010-06-01/billion-dollar-lawyer-quits-firm-buys-patents-to -troll-for-license-fees.html
The article goes into very good detail about how he started up this new company solely for the purpose of pursuing licensing fees and lawsuits for the patents he purchased. The article also talks about the fact that Micron retained a royalty-free licence to continue using the patents, implying that they are not "... lying in microns drawer".
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
Saying that monopolies have market value to the monopoly holders is different than saying they promote the progress or public welfare.
[ link to this | view in chronology ]
Re: Re: Re:
[ link to this | view in chronology ]
Re: Re: Re: Re:
i am thinking that micron realized they have a valuable patent collection, some of which are already being abused, and sold them off to the lawyer rather than do the legal work themselves. take the big money now, rather than wait years for lawsuits and settlements to come around.
it looks like the lawyer bought active, real, and functional patents. i dont see trolling here, i see someone buying low, applying his skills to the project to "sell high".
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
The American Dream
[ link to this | view in chronology ]
Re: The American Dream
[ link to this | view in chronology ]
[ link to this | view in chronology ]
No, such is the state of a few individuals who choose try and enrich themselves at the expense of others.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re:
That's just good old capitalism.
[ link to this | view in chronology ]
Re: Re:
Patents = more government intervention
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Syndicracy
remember that hollywood was founded by a syndicate of the Sicilian maffia. THERE jsut doing what they always have.
AND funny the president hails form chicago where good ol al capone used to dwell.
[ link to this | view in chronology ]
@4 HI LAWYER
SO in the end the ONLY REAL SOLUTION is to stop anyone buying anyone else's patents and if you want it built convince a banker its worth a loan and GO FOR IT
other wise your invention should and is useless to mankind or too obvious then frak you
AS TO LARGE holders of inventions if after a 3 year time you do not build anything of it as you have the resources too build. THE PATENT TIME should go poof,
EASY GET BUSY MAKING the lawyers some work drawing up lawspeak
[ link to this | view in chronology ]
I've been reading this blog for years now, and I've gone from surprised by the abuse in patent and entertainment systems, to outraged, to indifferent, to wondering how I could get in on the scam.
Alas I'm not a lawyer...
[ link to this | view in chronology ]
News at eleven.
[ link to this | view in chronology ]
Just a big game
If there is a system some people will game it. I have yet to see a perfect system. For some its more about playing the game than winning.
I support patents but I do not support extortion. Any kind of 'sue first sort out the details later' approach to patents is bad for everyone.
[ link to this | view in chronology ]
Re: Just a big game
[ link to this | view in chronology ]
Re: Re: Just a big game
First, the scope of what is patentable needs to be greatly extended.
Second, the length of patents needs to be extend to at least 100 years, or more.
Third, the penalties for violating patents and the remedies available to patent holders need to be increased.
All three are in the works.
[ link to this | view in chronology ]
Re: Re: Just a big game
Unfortunately, between the court system and the patent system it is easy to cause enough legal trouble to get people/companies to just settle. Perhaps there is nothing wrong with the patent system, perhaps the problem really lies with the court system. Maybe it should not be so easy to sue any entity that does something even remotely similar to a given patent.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
stop shilling!
Call it what you will...patent hoarder, patent troll, non-practicing entity, etc. It all means one thing: “we’re using your invention and we’re not going to pay”.
For the truth about trolls, please see http://truereform.piausa.org.
[ link to this | view in chronology ]
Re: stop shilling!
your post could be consider a prime example of another type of trolling.
[ link to this | view in chronology ]
Re: Re: stop shilling!
So folks against patents will not accept the 'sweat of the brow' argument for patents but they will use when its conveinent to argue against them.
Argument Fail.
[ link to this | view in chronology ]
Re: Re: Re: stop shilling!
the idea of the patent system isn't horrible; i mean the whole point is that inventors give up the secret to their invention for a government granted monopoly on that invention. where the problem comes in is that people can sell this monopoly without actually making anything.
I personally think that 1) software patents should be abolished completely under the whole mathematical formula rule, 2) if you don't make a product in X years using said patent, the patent is void, and 3) patents can only be used by the person or company that filed it.
[ link to this | view in chronology ]
Re: Re: Re: stop shilling!
[ link to this | view in chronology ]
Re: stop shilling!
If I told you that you can't sell hamburgers without paying me because selling hamburgers is an innovation that I came up with, it's my innovation, most would disagree. This is basically what a patent is, a privilege to tell others what they can't do without paying some irrelevant third party.
[ link to this | view in chronology ]
"there's just so much money to be made"
[ link to this | view in chronology ]
For Real?
===============================
Really Mike? Are you that naive? Is there any "system" in our socio-political situation where this is NOT the case? I can't name one...
[ link to this | view in chronology ]
Re: For Real?
[ link to this | view in chronology ]
This is why we all love lawyers so much, while hoping they all die.
[ link to this | view in chronology ]