Rackspace censored this comment on their blog post

5 points

13 years ago

I left a couple of comments on their IP Nav blog post, and they're both gone. One probably deserved to be removed, but the other one? Agreed that it's not the most diplomatic of comments, but you decide if it wasn't relevant or enlightening. If you don't care about the censorship, well at least hopefully this helps you understand why the NPE game is played as it is.

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Tell me honestly that you wouldn't have filed for Declaratory Judgement the moment you learned the patent numbers. Honestly, now. If you want to blame anything for these licensing tactics, blame the Medimmune and Sandisk judgements.

For anybody unfamiliar with these rulings and how they enabled alleged infringers to play hardball and forced patent licensors to do the same, look at [1]. Anyone wonder why the proportion of NPE lawsuits have gone up since 2007 [2]? Well, guess which landmark rulings happened in 2007.

[1.] Michael Donovan, "The Impact of MedImmune, Inc. v. Genentech, Inc.and Its Progeny on Technology Licensing," http://digitalcommons.pepperdine.edu/cgi/viewcontent.cgi?article=1038&context=jbel

[2.] Sara Jeruss, Robin Feldman, Joshua H. Walker, "The America Invents Act 500: Effects of Patent Monetization Entities on US Litigation," http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2158455

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