Highlights From The 6/27 Article One Webinar, Which Sadly Did Not Include A Fist Fight

Having missed the first two parts as a result of my lack of savvy with a calendar scheduling issues, I managed to make Part 3 in Article One Partners’ series on the Rise of NPEs entitled NPE Risk Mitigation and Emerging Solutions.  As usual, they put on a great show!  It was a little disappointing that Rob Sterne and Jeff Ostrow didn’t bust out the Socker Boppers, but we can’t have everything we want in life, now can we?


Here’s my rundown of take-aways:

  1. The focus of the fight against patent trolls, according to Cheryl Milone (CEO of Article One) is on “conduct and patent quality”.  I love this.  It’s what I was talking about the other day re: how do you determine who a patent troll is.  It’s a pattern of behavior, their conduct over time.  And of course at the root of it all is patent quality.  As the AOP tag line says:  Patent Quality Matters.
  2. Rob Sterne pointed out the same thing I did with respect to Schumer’s proposal, putting at least one of us in good company, which is to say “How is the USPTO going to review all patent litigation cases?  They can’t possibly.  To say nothing of the fact that when you spend the time in review with the USPTO, you don’t get that time added back on to the life of the patent.”  That latter part is an interesting point I hadn’t thought of.
  3. Jeff Ostrow pointed out that the AIA’s new Inter Partes Review option shouldn’t be something that companies rush into.  It’s expensive and the smaller operating companies are likely unable to pay for it unless they collaborate, and it takes time and other resources.  That’s all true, but my take on this is that companies who use IPR are behavior and personality driven, a la Rackspace and Neiman Marcus.  They’re doing it to go on the offensive against patent trolls, notorious or not, and are happy to spend the money.
  4. One reason that Jeff and Rob might have been tempted to take it outside to the bike racks is that one of them who shall remain nameless {ahem, MR. STERNE, ahem} is amenable to working with NPEs and Mr. Ostrow isn’t.  I really like the idea of standing on principle, of saying “Hey, we’re just not about this and aren’t going to alter our way”.  High admirability rating in my books.  The other approach says “Why should patents not be as available later as they were right after the initial R&D that generated them?”  In other words, why shouldn’t Kodak and Ericsson and other bigger players who spent a bazillion years and dollars developing a technology and patenting it not be able to go out and monetize that after their core business dies off?  Well, I’ll tell you why.  Times?  They change.  Things that were patentable and useful and necessary 15, 20 years ago are not as much now.  So when you try to enforce licensing for those patents now, or sell them off to trolls to do your bidding for you, it just looks shady and greedy and, well, troll-ish.

There were two quotes from the webinar that I wrote down to put on my bulletin board so that I could see them every  day.  One was from Jeff Ostrow:

Be thoughtful, not reactive.

That is totally a lesson that applies to patent litigation as well as pretty much my entire life.  It’s tempting to jump in with solutions and answers to everything that comes up, but without that first “thoughtful” step, you end up reacting instead of responding.

The second quote was from Cheryl and I really do love it, being a bit of a data geek myself:

People should continue to be in the data flow so that you’re not a victim.

What she meant, in my opinion, is to stay abreast of options.  Understand what responses you have available to you when and if you’re sued for patent infringement, and what options are available to you as a party seeking a patent so that you can be assured you’re going to end up with a good quality outcome.  There’s a lot of noise out here in the patent space now.  Stay informed about what’s going on, stay in the “flow”.  Love that.

I’ve been a fangirl of Article One Partners for a very long time now.  These webinars are a great way to get information and give companies and individuals a forum to discuss what’s going on. Thanks y’all for another hour (or so) of awesomeness, can’t wait for the next one whenever it is!

Just sayin’,


{Image:  http://90schildhood.tumblr.com/page/3}

One thought on “Highlights From The 6/27 Article One Webinar, Which Sadly Did Not Include A Fist Fight

  1. Pingback: Do You People Know Who You’re Dealing With? | IP Troll Tracker

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