New trial to determine damages to patent troll set for September 14
A federal judge in the notoriously patent-friendly Eastern District of Texas has suspended a jury's award of half a billion dollars to a non-practicing patent entity (colloquially known as a patent troll) who sued Apple after reviewing his own instructions to the jury which may have created a "skewed damages horizon" that they responded to with the large award. The change does not reverse the overall finding that Apple infringed on Smartflash's patents, or a possible future patent invalidity finding, but a new damages-only trial is now set for September 14.
Company's claims ruled invalid; second victory for Apple against patent troll
Non-practicing entity and patent holdings company WiLan has again lost to Apple in the second of three proceedings against the iPhone maker. The US District Court for Southern California granted Apple's motion for a summary judgement, following a finding that the two LTE patents the Canadian patent troll was accusing Apple of infringing were invalid, and therefore not infringed. Apple previously won a jury trial brought by WiLan in Texas over different wireless patents.
Bill under consideration spells out bad faith allegations
Oregon isn't the only state that has been moving forward with legislation to curb patent trolls, recently. The Kentucky Senate has moved forward in a bill to put restrictions on patent trolls acting in bad faith in their allegations according to FOSS Patents.
Makes patent trolling a violation of Unlawful Trade Practices Act
The Senate in the State of Oregon passed a bill on February 14 that adds a ban on patent trolling in accordance to Oregon's Unlawful Trade Practices Act. Senate Bill 1540 had overwhelming support in the Senate, with a 30-0 with no abstaining votes. The bill will now be passed to the House Judiciary Committee for review.
Threat of antitrust investigation by EC if Nokia overreaches with patents
Nokia has been warned by the European Commission (EC) to avoid becoming a "patent troll," once the company completes the sale of its Devices and Services arm to Microsoft. Joaquin Almunia, head of competition and vice president of the EC, reconfirmed the Commission's approval of the purchase, but advised that there is a danger that Nokia could try to "extract higher returns" from its patent portfolio.
Bill aims to reduce frivolous litigation
The US House of Representatives has passed a bipartisan bill that aims to reduce negative impact from the practice derisively known as patent trolling. Passing by a wide margin of 323 to 89, Rep. Bob Goodlatte's (R-VA) Innovation Act (PDF) focuses on a range of litigation reforms to help protect businesses against frivolous patent-infringement lawsuits.
Commission seeks public comments
The US Federal Trade Commission has announced that it is opening an investigation into patent assertion entities (PAEs), commonly referred to using the derisive term "patent trolls." The commission cautions that its initial move is limited to information gathering, focusing on approximately 25 companies whose primary business model involves purchasing patents and filing infringement lawsuits.