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Patent Assertion Entity Activity AN
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Table of Contents EXECUTIVE SUMMARY
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Litigation Outcomes................
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Executive Summary and Recommendatio
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Table A.1: Categories of PAEs in FT
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generated royalties of less than $3
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most frequently by Study PAEs, or (
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litigations tended to settle early;
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in a timely manner would help allev
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In December 2015, however, an amend
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Chapter 1: Introduction and Backgro
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corresponded to various types of NP
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PAE’s enforcement of that patent
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In one of the earliest studies, Jam
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defendants that will arise in the l
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entrepreneurship and related invest
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and efficient marketplace for paten
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The FTC and the DOJ supported USPTO
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the brief observed that the share o
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Greater transparency of patent owne
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only egregious misconduct, as Justi
- Page 43 and 44: In September 2013, the Commission b
- Page 45 and 46: were intended to generate a sample
- Page 47 and 48: The FTC’s study has two parts. Th
- Page 49 and 50: Litigation PAEs: Litigation PAEs ty
- Page 51 and 52: licenses. There was little overlap
- Page 53 and 54: guaranteed revenue and zero risk. T
- Page 55 and 56: agreements exclusively. These agree
- Page 57 and 58: Larger Litigation PAEs also used th
- Page 59 and 60: determine whether it has already li
- Page 61 and 62: epresented as unique docket numbers
- Page 63 and 64: Prior to initiating the study, the
- Page 65 and 66: FTC examined the frequency with whi
- Page 67 and 68: Study PAEs sent demands to relative
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- Page 71 and 72: Electronic Product Manufacturing”
- Page 73 and 74: arely generated license agreements
- Page 75 and 76: In addition, four Responding PAEs a
- Page 77 and 78: Litigation PAEs and Portfolio PAEs
- Page 79 and 80: Table 3.1 provides the distribution
- Page 81 and 82: Figure 3.5a: Technology Category of
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- Page 85 and 86: Figure 3.6: Frequency Distribution
- Page 87 and 88: Figure 3.7: Proportion of Study PAE
- Page 89 and 90: portfolios of patents, which typica
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- Page 101 and 102: Figure 3.10a could be the result of
- Page 103 and 104: Figure 3.11: Number of Licenses Inv
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- Page 107 and 108: Turning to specific assertion behav
- Page 109 and 110: The preceding considerations have l
- Page 111 and 112: Chapter 4 first describes how Wirel
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- Page 115 and 116: These percentages suggest that both
- Page 117 and 118: worldwide wireless chipset sales du
- Page 119 and 120: with 75% of their settlements occur
- Page 121 and 122: Wireless Respondents’ Licensing A
- Page 123 and 124: Table 4.2: Percentage of Wireless P
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- Page 127 and 128: Most Wireless Licensees Operated in
- Page 129 and 130: Conclusion The FTC’s goal in stud
- Page 131 and 132: Patent assignments were frequently
- Page 133 and 134: Figure 5.1: Size of Patent Holdings
- Page 135 and 136: Classification. 309 As of the time
- Page 137 and 138: while USPTO economists estimate tha
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- Page 141 and 142: More Than 75% of Study Patents Incl
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Figure 5.5: Age Distribution of Stu
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eceive more citations than other ca
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1.5 and the median was 0.6, meaning
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Table 5.1: Percentage of Acquired P
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Appendix A: Glossary of Frequently
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“PAE Special Order” means the i
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Appendix B: Methodology Introductio
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contained more than 9,100 variants
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of the dispute as of the end of the
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Affiliates to a single industry. 37
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industry called “Management of Co
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the selected firms meet the FTC’s
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owning 10% or more of its stock.”
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Delaware avoided disclosing any inf
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SPECIFICATIONS A. Identification of
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(2) identify, from the following li
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(2) identify, from the following li
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(a) state the total amount paid in
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(3) did the Firm grant an exclusive
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H. Patent Assertion Information 1.
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Do not report revenue reported for
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f. Does the License relate to a Wir
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(e) provide a narrative response st
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1. Separately, for each year since
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APPENDIX A A. General Instructions
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“Patent” means a United States
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For district court and bankruptcy c
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Number Ending Reference Number Cust
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(i) (ii) (iii) (iv) For productions
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APPENDIX B Certification This Speci
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SPECIFICATIONS A. Identification of
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(1) state the jurisdiction; and (2)
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e. Identify, from the following lis
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(1) state the total revenue the Fir
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(1) identify the geographic restric
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F. Aggregate Cost Information 1. Se
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3. Produce, and provide a narrative
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Microsoft Word and PDF versions. Fo
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U.S. Patent numbers shall be provid
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(ii) Submit emails in image format
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Filename with extension Production
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(v) (vi) For each document withheld
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APPENDIX E: SUPPORTING STATEMENT FO
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“strongly urge[s] the FTC to foll
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The proposed case studies will prov
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What strategies do PAEs employ to a
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competition, innovation, and intell
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proposed requests “are a rational
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study questions and removed questio
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Some of the proposed requests for d
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Response: The Commission has narrow
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increase are not well understood.
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equests include interactions betwee
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In contrast, several commenters bel
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average burden for each of the appr
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enefits), and 320 research assistan
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PART B - COLLECTION OF INFORMATION
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stratum. The FTC will sum the two s
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Freedom and RPX use public sources
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The FTC will send one set of inform
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will have one entry for each acquis
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are two reasons why it is important
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Federal Trade Commission ftc.gov