Two days ago, TechCrunch published an article touting an important victory by Cloudflare against an evil patent troll—Blackbird Technologies. In the article there is no mention of any inappropriate tactics used by Blackbird, and there is nothing to suggest that Cloudflare was not infringing the patents they were accused to have infringed. In fact, that article seems to practically admit that Cloudflare was infringing on the patents because the defense tactic used by Cloudflare was not to argue that they were not infringing, but instead to argue that the patent claims asserted were invalid. Indeed, on November 4, Cloudflare published a description of their strategy, which does not mention anything about demonstrating that they were not infringing the patents issued by the United States Patent and Trademark Office (USPTO). Instead, the strategy was to: (1) not settle; (2) make a public cry for help and seek the submission of prior art that might invalidate the patent claims they were facing; and (3) file ethics complaints against the attorneys representing Blackbird. In this case, the Blackbird patent claims were found invalid. Cheering for Cloudflare, who had no reason to know that at the time they recklessly infringed those claims, is beyond the pale and speaks volumes as to why innovators are leaving America and heading to Europe, China and elsewhere around the world.
Business
- Groups on Both Sides Slam USTR Support for Delaying IP Waiver Extension Pending ITC Investigation
- USPTO Ramps Up Efforts to Promote Women Entrepreneurs
- Sign the Prenup: What Brands Can Learn From the Kanye West/Adidas IP Breakup
- Lessons from the Levandowski Case: Reimagining the Exit Interview as Risk Management
- Advocating for Ethics-Driven Regulation for Blockchain Technologies
Recent Posts
- Justices Seek Abitron Parties’ Help in Articulating Bounds of Extraterritorial Application of Lanham Act
- U.S. Taxpayers Should Not Be Paying for Private Patent Infringement
- UK Court Hands Down Key FRAND Ruling in InterDigital v. Lenovo
- Litigation Trends, Shared Core Technologies Make Wi-Fi 6 an Attractive SEP Monetization Target (Part 1)
- Other Barks & Bites: UK Rules in InterDigital-Lenovo SEP Fight; USPTO to add FDA Info to PTE Page; Copyright Office Launches Initiative to Explore AI’s Implications on Copyright Law