Patents: How the tech industry is shifting from quantity to quality

By Marshall Phelps and Peter Vanderheyden In days gone by, patenting was a numbers game. Quantity was prized, quality was brushed aside, and whoever held the most patents was deemed the winner. The size of your patent arsenal was the focus, not what the arsenal could actually do for you. Ironically, the rise of the troll […]

Distinguishing NPEs and Trolls

By Marshall Phelps The growing attention being paid to the immense value of IP is still relatively new. Not very long ago, few companies paid much attention to their intellectual property, instead prioritizing other areas of value that were easier to get your arms around. Because the IP advantage was not familiar or well understood, […]

Crowdsourcing Risk Reality Check

By Marshall Phelps Since stepping into my new role as CEO at Article One, I’ve spent time speaking with prospective clients about our unique crowdsourcing approach to prior art research. Recently, I’ve started hearing an argument I never expected, because I never shared the belief as a practitioner – prospective clients are hesitant to use […]

The Trouble with Trolls

By Marshall Phelps The motivation behind the patent troll problem is obvious. As with anything involving a great deal of money, people will always find a way to get around anything that lies in the way. It does not matter the industry, the parties involved or even the problem at hand – if money is the […]

The Rise of NPEs in Patent Litigation

By Marshall Phelps Patent litigation is in the midst of a great fluctuation. For most of its history, patent litigation was largely between competitors in a particular industry. This is no longer the case. It is now estimated that some 60% of patent litigation is driven by entities which do not compete in any particular […]