Thursday, February 20, 2014

If You Can't Beat Them, Sue Them


Rockstar, a consortium formed to negotiate licensing for patents acquired from bankrupt Nortel Networks, is consisted of six industry giants: Apple, Inc., BlackBerry, Ericsson, Microsoft, and Sony.

To understand why Rockstar has been numerously accused for being a patent troll, we need to first of all understand its nature. It’s a patent licensing company that owns more than 4,000 patents, which are developed by Nortel. The business model is claimed to be patent licensing and patent sales.

Something very interesting about Rockstar is when you go to its website, there is a tab called “Innovation”. However, instead of talking about how the firm can bring new technologies and innovations to the society, it talks about “protect when necessary” and “when patent infringement occurs”. So what Rockstar essentially does is to help its six members defend their patents against infringement. Its business roots in multi-million and sometimes multi-billion dollar settlements, and of course, forced licensing agreements.

With a group of smart engineers - many of whom are patent holders themselves - Rockstar however does not focus on research and development. Its engineers are too busy reverse engineering on its six owners’ competitors’ products, and suing them for damages.

Rockstar filed lawsuits against Google, Samsung, HTC and other Android manufacturers, and most likely file more in the future. This Nortel patent portfolio is truly a nuclear stockpile; it can be very dangerous in the wrong hands. If Google owns it, it would further strengthen Google’s portfolio and gives it more monopoly rights over the market. Nonetheless, the technology giant Google failed to win Nortel over with its highest bid $4.4 billion against Rockstar’s $4.5 billion bid. Some people were relieved when Google didn’t take over Nortel, but now it seems that Nortel is still in the wrong hands after all. Innovations are discouraged and customers are ultimately negatively affected.

1 comment:

  1. As an engineer, I think it would suck to have my job be reverse engineering other people's products. This is something I would rather do in my spare time... Either way, I wish there was a way to put an end to patent trolls. They take advantage of the patent system in a way that it was never intended to be used. Patents are supposed to foster innovation and creativity, not suppress it.

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