Gegen die Patent-Trolle: License on Transfer Network (LOT)

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http://www.canonrumors.com/2014/07/canon-joins-cooperative-agreement-to-reduce-patent-trolls/#more-16859


TOKYO, July 10, 2014—Asana, Canon Inc., Dropbox, Google, Newegg and SAP today announced the formation of the License on Transfer (LOT) Network, a cooperative patent-licensing agreement that will cut down on patent troll litigation and the growing practice of patent privateering.

Patent litigation reached an all-time peak last year, with more than 6,000 lawsuits filed. Most of those suits came from non-practicing entities, also known as patent trolls—companies that don’t have a business outside of licensing and litigating patents.

More than 70 percent of the patents used by trolls come from still-operating companies. Indeed, in a growing trend called privateering, companies are selling patents to trolls that then use those patents to attack other companies. In some cases, those companies arrange to get a cut of revenue generated from the trolls’ suits.

The LOT agreement is a new kind of royalty-free cross-license meant to address these growing systemic problems. Member companies receive a license when the patents are transferred out of the LOT group. That means that companies retain their right to enforce a patent so long as they retain ownership of it. However, as soon as it is sold, a license to the other members becomes effective, protecting them from attacks by the troll to which the patent was sold.

The agreement includes several other provisions that preserve a patent portfolio’s value, including carve-outs for certain M&A transactions and change of control.

The initial members of the LOT Network range from early-stage startups to established technology companies. Together they own almost 300,000 patent assets, generate more than $117 billion in revenue and employ more than 310,000 people.