A Patent on Patent Trolling: “Patent Acquisition and Assertion by a (Non-Inventor) First Party Against a Second Party “

February 15, 2011

This patent on patent acquisition and assertion appears to be a direct shot across the bow for any “patent trolling” operation. Yo dawg, I heard you like intellectual property — so I patented your patent operation!

This patent application filed October 2008.  Assignee is Halliburton.

On the bright side, the abstract seems to actually live up to being a “how-to” to the patent’s subject.

Abstract

Methods for a first party to acquire and assert a patent property against a second party are disclosed.

  • The methods include obtaining an equity interest in the patent property.
  • The methods further include writing a claim within the scope of the patent property.
  • The claim is written to cover a product of the second party where the product includes a secret aspect.
  • The methods further include filing the claim with a patent office.
  • The methods sometimes include offering a license of the patent property to the second party after the patent property issues as a patent with the claim.
  • The methods sometimes include asserting infringement of the claim by the second party after the patent property issues as a patent with the claim.
  • The methods sometimes include negotiating a cross-license with the second party based on the assertion of infringement of the claim, where under the cross-license the first party obtains a license to an intellectual property right from the second party.
  • The methods sometime include attempting to obtain a monetary settlement from the second party based on the assertion of infringement of the claim.

[emphasis mine]

See it all here at the USPTO.

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