Thursday, December 03, 2015

FORTUNE engaged in patent sensationalism?


Within a post on Fortune titled Patent Lawsuits Set One-Day Record with 257 New Cases, Most Filed in Texas , one finds the text:


For patent troll opponents, who also watched previous reform measure collapse in Congress in 2014, their biggest hope right now may be a case before an appeals court that could largely shut down East Texas as a patent destination. A variety of IP academics have argued that the court should do so, and a decision is expected soon.



The link to a variety of IP Professors is to

A patent reform we can all agree on.

an opinion piece
in the Washington Post by Chien and Risch.
https://www.washingtonpost.com/news/in-theory/wp/2015/11/20/why-do-patent-lawyers-like-to-file-in-texas/

The relevant case mentioned in the above text involves patentee Kraft Foods,
not your typical patent "troll," in the District of Delaware (not ED Texas).

As IPBiz pointed out earlier, Colleen Chien ignored the fact that the (infamous)
Eolas patent was invalidated in ED Texas, after the USPTO declined to invalidate the Eolas claims in a re-examination.

And recall the numbers for patentees actually winning in patent litigation:

http://ipbiz.blogspot.com/2014/07/patentees-win-only-33-of-litigations.html

which numbers are glaringly omitted by FORTUNE.

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