Blackbird Tech

Blackbird Technologies offers a new model for individual inventors and small companies to realize the value of their patents.

[Blackbird Tech @bbirdtech]

@verlanderllp It should. The PTO analyzed patentability in the first place, so it should stand behind its own decision. Also, most IPRs come out of litigation, so there's little chance that claim amendments will be made. #questionoftheweek

[Blackbird Tech @bbirdtech]

@verlanderllp The language of the order certainly makes it look that way: “the name of every individual and corporation with a direct or indirect interest in the party.” #questionoftheweek

[Blackbird Tech @bbirdtech]

@verlanderllp It’s hard to imagine why or how they would move forward. The fact that the Federal Circuit refused to grant mandamus ordering the district court to end the cases after the parties dismissed them is curious at best. #questionoftheweek

[Blackbird Tech @bbirdtech]

@verlanderllp It has to be the Supreme Court's refusal to take up American Axle. It's hard to imagine a situation more in need of cleaning up than patent eligibility or one that more people are pleading to have cleaned up. #questionoftheweek

[Blackbird Tech @bbirdtech]

@verlanderllp Definitely patent eligibility. That’s the issue that has done the most damage to patents for almost a decade. There’s little chance that the Supreme Court will fix it, so fingers crossed that Congress will do something. #questionoftheweek

[Blackbird Tech @bbirdtech]

@verlanderllp Sure seems so. Intel is asking for the $4B case to be thrown out. #questionoftheweek

[Blackbird Tech @bbirdtech]

@verlanderllp Absolutely, yes! If a party takes advantage of a venue for its own purposes, it should not be allowed to claim inconvenience when a claim is asserted against them. #questionoftheweek

[Blackbird Tech @bbirdtech]

@verlanderllp It doesn’t seem so and there’s significant potential for abuse of that information, such as informing the defendant how much money a plaintiff has to spend on the case. #questionoftheweek

[Blackbird Tech @bbirdtech]

@verlanderllp There needs to be at least some way to verify the identifications and a consequence for not performing a good faith search. It’s all too easy to misrepresent supporting facts in a venue dispute. #questionoftheweek

[Blackbird Tech @bbirdtech]

@verlanderllp That would make some sense. It’s all too easy to list witnesses and documents early in the case that ultimately won't matter. #questionoftheweek

[Blackbird Tech @bbirdtech]

Litigation funding is a way of leveling the playing field so that inventors and small companies can enforce their patent rights against large companies.

[Verlander LLP @verlanderllp]

Thanks @ManagingIP for including our thoughts in this thoughtful article. Without any evidence of foul play, courts and legislators are questioning litigation funding and making it harder for smaller players to assert their patent rights. https://t.co/BNyB6TCuYl

[Blackbird Tech @bbirdtech]

@verlanderllp No. Patents are an attempt to create a level playing field to protect smaller innovators from those who would use their money and power to rob these innovators of their just rewards and, thus, stifle innovation. #questionoftheweek

[Blackbird Tech @bbirdtech]

@verlanderllp Since the burdens at the PTAB and district court are different, it doesn’t make sense that invalidation under the PTAB’s lower burden would be binding on district court. #questionoftheweek

[Blackbird Tech @bbirdtech]

@verlanderllp Absolutely. The Federal Circuit has been designating many of their cases as nonprecedential and then relying on them, even chastising judges who don’t follow these nonprecedential cases. The Federal Circuit can’t have it both ways. #questionoftheweek

[Blackbird Tech @bbirdtech]

@verlanderllp No. Patent eligibility is not to determine whether something is ultimately patentable, but whether an invention is within a category of things or methods for which patents are allowed. Physical objects have always been such a category. #questionoftheweek

[Blackbird Tech @bbirdtech]

@verlanderllp In a word - no. It’s confusing enough that parties are allowed to join petitions after the deadline for filing their own has passed. It’s an end-run around the deadline. But, in this situation, it makes no sense. #questionoftheweek

[Blackbird Tech @bbirdtech]

@verlanderllp In recent venue decisions, the CAFC has placed a lot of emphasis on where relevant employees are located. Consistent with that, it would make sense to look to where the employees actually are and not just where the party’s offices are. #questionoftheweek

[Blackbird Tech @bbirdtech]

@verlanderllp Austin seems like a good choice, particularly in light of the $175M verdict against Meta last week. #questionoftheweek

[Verlander LLP @verlanderllp]

Thanks @ManagingIP for including our thoughts about what patent buyers are looking for today. https://t.co/zuswy1wSPL

[Blackbird Tech @bbirdtech]

@verlanderllp This case seems completely insane. If that isn’t harmless error, it’s hard to know what is. Likely, the S Ct will not take the case, so when a patent plaintiff finally wins (and wins big), it’s reversed for what seems a nonsensical and ridiculous reason. #questionoftheweek