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May 24, 2015


Simplistic, but sexy too, which is why sensationalist outlets like IP360 picked it up uncritically. Thanks for for giving the matter more than PWC or its parrots.

Your observations simply do not fit the "desired" narrative.

I am reminded of the particular scene in a classic American movie in which a certain little canine pulls aside a curtain revealing a man pushing a lot of buttons and turning a lot of gears...

Thank you for supporting my own prior suspicions of this PwC report, which were expressed as follows:
It is hard to attribute such a relatively small new patent suits reduction to any one legal change as being the most important. I think it is the availability and wide use of IPRs [and some CBMs] to defendants if they are sued, whereas PwC thinks it is Alice-101 [which you have disproved]. Attorney fee sanctions and claim ambiguity challenges are not really up that much, per other studies. Presumably all of these new factors could contribute to some extent to patent suit reductions. I think their impact will increase in the future by reducing private venture capital funding of new suits by NPEs because they impact the PAE business model. The PAE business model depends on the approximately 97% of litigation defendants that "settle" to avoid high discovery and other litigation costs (obtained at low costs by PAEs) rather than on the few actual final litigation awards affirmed by the Fed. Cir.
[N.B. this is not about pharma patents.]

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