In this chapter we review some of the most significant highlights of the past 10 years and concede that so much has changed that it is time to incorporate more recent experiences and see how processes and theories regarding IP have evolved. Turn the page to find out how companies have adapted to this new world.
1. For a more complete discussion of the varieties of NPEs and similar material, see Appendix C.
2. John R. Allison, Mark A. Lemley, and J. H. Walker, “Extreme Value or Trolls on Top? The Characteristics of the Most Litigated Patents,” University of Pennsylvania Law Review 158, no. 1 (December, 2009); Stanford Public Law Working Paper No. 1407796. Available at SSRN: http://ssrn.com/abstract=1407796.
3. “Research in Motion and NTP Sign Definitive Settlement Agreement to End Litigation.” Accessed June 9, 2011, at http://press.rim.com/release.jsp?id=981. See also Patentlawblog at http://patentlaw.typepad.com/patent/2005/01/canada_challeng.html. Accessed June 9, 2011.
4. America Invents Act Report, re “the bill (H.R. 1249) to amend title 35, United States Code, to provide for patent reform, having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass.” www.gpo.gov/fdsys/pkg/CRPT-112hrpt98/pdf/CRPT-112hrpt98-pt1.pdf.
5. As summarized by the Financial Crisis Inquiry Commission, a bipartisan group in the United States, there were five main causes: (1) widespread failures in financial regulation and supervision ...