There are companies out there who do nothing but own patents and buy up patents from other companies. They tend use these patents to file lawsuits against other companies, alleging patent infringement, forcing the companies to settle with them or enter into a lawsuit that could prove to be costly and time-consuming. Such companies have been referred to as patent trolls and it is a widely used term. However it seems that US District Judge Lucy Koh does not appreciate such terms, and has since barred Apple’s legal team from using terms like “patent troll”, “privateer”, or “bandit” in their court case against GPNE Corp.
Attempt at reducing jury prejudice, confusion
Apple must avoid using terms like “patent troll,” “privateer,” or “bandit” in its defense against a patent lawsuit from GPNE Corp., according to a pre-trial ruling by US District Judge Lucy Koh. The company will also be blocked from using terms like “shakedown” or “playing the lawsuit lottery.” Koh argues that such expressions could potentially confuse or bias the jury, which is set to decide whether Apple violated data transmission patents reaching back to 1996.
“Patent troll” is a derogatory but now relatively common term for companies like GPNE, which hold patents but don’t actually make any products. Instead such firms depend on licensing deals and/or lawsuits to bring in revenue. Koh says that Apple will be allowed to claim that GPNE is “a company that doesn’t make anything,” or “a company that doesn’t sell anything.”
The latter is also pursuing money from businesses such as Amazon, BlackBerry, and Nokia.
How about patent welfare lout?