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In Defense Of Patent Trolls: Patent Assertion Entities As Commercial Litigation Funders, Jean Xiao
In Defense Of Patent Trolls: Patent Assertion Entities As Commercial Litigation Funders, Jean Xiao
Chicago-Kent Journal of Intellectual Property
This paper is the first to defend and commend the role of patent trolls in litigation. It argues that trolls either are not the sole source of patent litigation ills or are not responsible for these ills in the first place. Next, it demonstrates that trolls provide the same litigation-related benefits as commercial litigation funders, which also finance patent lawsuits. Troll commentators have ignored these benefits, for which funders are praised, in the evaluation of trolls. Finally, this paper explains that eliminating trolls will not only close off a source of these benefits but also worsen problems by shifting trolling …
Frand Market Failure: Ipxi’S Standards-Essential Patent License Exchange, Jorge L. Contreras
Frand Market Failure: Ipxi’S Standards-Essential Patent License Exchange, Jorge L. Contreras
Chicago-Kent Journal of Intellectual Property
This case study pertains to Intellectual Property Exchange International, Inc. (IPXI), which was formed in 2008 to create a market-based trading exchange for aggregated patent license rights, particularly standards-essential patents (SEPs). IPXI based its model on existing commodities exchanges, proposing that non-exclusive patent licenses could be standardized, commoditized, and traded on an open market, thus eliminating costly and inefficient bilateral negotiations and providing a royalty rate likely to be viewed as “reasonable”. IPXI’s most ambitious offering involved a portfolio of 194 U.S., European and other patents deemed essential to IEEE’s 802.11n “Wi-Fi” standard. IPXI offered up to 50,000 tradable Unit …