Fire first, ask questions later: The New Normal of No-Notice Patent Suits

JUVE Patent has published an article regarding the prevalence of no-notice suits in Europe at the UPC and in the United States. The article dives into why sue-first tactics are a problem that undermines the underlying goals of patent law. Written by Michelle Aspen and Jonathan Stroud, the article was drafted as part of ongoing efforts by Unified Edge to advocate for better patent policies here and abroad.

To read the full article, click HERE.

Third DynaIP entity, Cloud Systems, IoT patent challenge instituted

On September 20, 2024, five weeks after Unified filed an ex parte reexamination, the Central Reexamination Unit (CRU) granted Unified’s request, finding substantial new questions of patentability on the challenged claims of U.S. Patent 7,975,051, owned and asserted by Cloud Systems HoldCo IP, LLC, an NPE and DynaIP entity.  The '051 patent relates to a system for controlling and configuring devices through a server. It had been asserted against Carrier, Google, Onity, Samsung, Vivint, and ADT, with current pending cases against Comcast, Kramer, Monitronics, and Ring.

View district court litigations by Cloud Systems HoldCo IP. Unified is represented by in-house counsel, T.J. Murphy and David Seastrunk, in this proceeding.

To view the reexamination request, visit Unified’s Portal: https://portal.unifiedpatents.com/exparte/90019628

"Video Streaming Royalty Stack Best Left to Devices," say Economist

The Brattle Group determined in a recently released report the aggregate value of video streaming technologies is already taken into account through existing device based royalty rates. Brattle considered various video codecs, streaming protocols, content delivery networks, and media players while excluding other technologies like wireless and Internet protocols.

The report follows the Club Goods economic theory, to determine viewers should pay a fixed fee irrespective of how much content is consumed. The value allocable to each patent holder should consider the substitutability of their patents and the component technology they cover.

Brattle determines a device-based royalty market has generated competition amongst various codecs, thus ensuring that innovation in this space remains vibrant and healthy while minimizing issues such as royalty stacking and double counting. Otherwise, they conclude there will be significant issues with a streaming-based royalty given so many different subscription models including ad based, annual, one-off live events, etc.  

The report was prepared for Unified Patents and is exclusively available to Unified Patents Video Codec Zone members. To join the Video Codec Zone or for more information on the Brattle report, please contact info@unifiedpatents.com.

Oura joins Unified Patents

We are pleased to announce that Oura Health, a health technology company, is now a Unified Patents member. Products and services provided by Oura are designed to aid users’ health by tracking all stages of sleep and activity using the Oura Ring and connected app. Oura is joining 300+ other companies committed to deterring the assertion of bad patents by non-practicing entities (NPEs). In 2023, NPEs still accounted for 58% of all patent litigation, similar to its 5-year average. Unified is the only entity which deters invalid patent assertions and never pays NPEs.

Another Fractus LTE antenna patent challenged

On September 17, 2024, Unified Patents filed an ex parte reexamination proceeding against U.S. Patent 8,674,887, owned and asserted by Fractus S.A., an NPE. The ‘887 patent generally relates to an antenna design for mobile devices. The patent has been asserted against ADT.

View district court litigations by Fractus. Unified is represented by in-house counsel, Michelle Aspen and T.J. Murphy.