A Case Study on Patents

By:-Pranav Chaturvedi

Pranav Agrawal

A Case Study of Patents1. Agenda and Introduction

2. Public Lawsuits3. Technological Lawsuits4. Patent Trolls5. Mitigation strategies to avoid infringements

The Patents Act 1970

• Set of exclusive rights• For a limited period of time in exchange

for detailed public disclosure of an invention.

"Patent." Wikipedia. Wikimedia Foundation. Web.

• Fine bros decided to patent the word “react”.

• This would establish monopoly over generic reaction videos.

• Of course, this created backlash.• Fine bros then withdrew this

patent claim.• What’s done is done, their

reputation is tarnished

"The Fine Bros Cancel React World, Rescind All 'React' Trademarks." The Fine Bros Cancel React World, Rescind All 'React' Patents. -Digg, 1 Feb. 2016. Web.

Facebook Infringement Lawsuit, 2011• 2004: ConnectU filled a lawsuit

against Mark Zuckerburg. Suit alleged regarding copying idea and illegally using source code.

• Facebook countersued in regards to Social Butterfly, a project put out by The Winklevoss Chang Group.

• A settlement agreement for both cases was reached in February 2008, reportedly valued at $65 million.

Stone, Brad. "Judge Ends Facebook’s Feud With ConnectU." New York Times. http://bits. blogs. nytimes. com/2008/06/26/judge-ends-facebooks-feud-with-connectu/index. html. Retrieved (2009): 03-23.

Uniloc vs Microsoft, 2012 • Both Uniloc and Microsoft utilized a

product registration software intended to reduce unauthorized copying of software. Uniloc argued that its patent was infringed by Microsoft’s Product Activation feature. • The jury found Microsoft's

infringement to be willful, and rewarding Uniloc $388 million in damages.• In this decision, the Federal Circuit

shifted precedent and rejected the previously widely used "25 percent rule of thumb" in calculating patent damage awards.

Decker, Susan (2012-03-05). "Microsoft Settles Fight Over Uniloc Anti-Piracy Patent". Bloomberg. Retrieved 2012-10-23.

Apple Inc. v. Samsung Electronics Co., 2013

• 2011 : Apple began litigating against Samsung in patent infringement suits. 

• Samsung counter-sued Apple alleging Apple infringed Samsung's patents for mobile-communications technologies.

• 2014 trial : Apple won a ruling in its favor in the U.S., Samsung won rulings in South Korea, Japan, and the UK.Ongoing case, many issues still unresolved.

Barrett, Paul M. (March 29, 2012).”Apple’s war on Android”. Bloomberg,Businesswork. Retrieved March 29, 2012.

Yoga Poses being Patented, 2015

• Bikram Choudhury (Bikram Yoga) claimed patents on yoga postures and techniques.

• Government of India creates database of 1,500 yoga poses to thwart Western patent claims.

• As of 2015, one-third of the estimated 30 million database pages have been compiled by the Indian Commerce Ministry.

Hirwade, Mangala. "Protecting Traditional Knowledge Digitally: A Case Study of TKDL." (2010).

CFAD VS Acorda Therapeutics, 2015 • Kyle Bass filed 18 petitions asking PTAB to invalidate patent claims

covering drugs. • PTAB denied CFAD's first two patent challenges, both filed against

Acorda Therapeutics.• Criticism : He shorted the targeted companies before challenging

their patents, thus bringing down their stock prices and making a quick profit.

• A novel approach to make money: filing and publicizing patent challenges against pharmaceutical companies while also betting against their shares.

La Roche, Julia (25 August 2015)."http://www.businessinsider.com/two-kyle-bass-ipr-petitions-denied-2015-8 "This is not a good sign for Kyle Bass' new big short strategy". Business Insider.

What to Do If Someone Uses Your Patent?Akalp, Nellie. "What to Do If Someone Uses Your Trademark." Entrepreneur. 2014. Web.

Be ProactiveAsk an attorneyBe Insured

Hendricks, Drew. "3 Measures Small Businesses Should Take To Avoid Patent Trolls." Forbes. Forbes Magazine, 30 Sept. 2013. Web.

References• "The Fine Bros Cancel React World, Rescind All 'React' Trademarks." The Fine Bros Cancel React World, Rescind

All 'React' Patents. -Digg, 1 Feb. 2016. Web. • Hirwade, Mangala. "Protecting Traditional Knowledge Digitally: A Case Study of TKDL." (2010).• Stone, Brad. "Judge Ends Facebook’s Feud With ConnectU." New York Times. http://bits. blogs. nytimes.

com/2008/06/26/judge-ends-facebooks-feud-with-connectu/index. html. Retrieved (2009): 03-23.• Decker, Susan (2012-03-05). "Microsoft Settles Fight Over Uniloc Anti-Piracy Patent". Bloomberg. Retrieved 2012-

10-23.• Barrett, Paul M. (March 29, 2012).”Apple’s war on Android”. Bloomberg,Businesswork. Retrieved March 29, 2012.• Decker, Susan (2012-03-05). "Microsoft Settles Fight Over Uniloc Anti-Piracy Patent". Bloomberg. Retrieved 2012-

10-23.• La Roche, Julia (25 August 2015).

"http://www.businessinsider.com/two-kyle-bass-ipr-petitions-denied-2015-8 "This is not a good sign for Kyle Bass' new big short strategy". Business Insider.

• Akalp, Nellie. "What to Do If Someone Uses Your Trademark." Entrepreneur. 2014. Web. • Hendricks, Drew. "3 Measures Small Businesses Should Take To Avoid Patent Trolls." Forbes. Forbes Magazine,

30 Sept. 2013. Web.