Sunday, September 4, 2011

Indicia of Extortion

The latest update to the Way Better Patents collection of patent argot comes from real life patent practice exegesis from the patent assertion entity part of the patent landscape.  Judge Lourie for provided the eloquently phrased definition of this practice in the CAFC decision in Eon-Net LP v. Flagstar Bancorp.

Patent Argot is our term for the impenetrable wall of patent vocabulary.  Or as someone once put it, the process of taking English and turning it into something somewhere between engineering, science and legal speak with a few riddles blended in just for fun.  

An argot is, "a specialized idiomatic vocabulary that is peculiar to a particular class of people (the Intellectual Property and Patent Cognoscenti.)  Argot is sometimes defined  as a special language, especially that of an underworld group, devised for private communication and identification; a language with its own style, grammar, and vocabulary.  

Indicia of Extortion - filing nearly identical patent infringement complaints against a plethora of diverse defendants where the plaintiff (the guy filing the lawsuit) followed each filing with a demand for a quick settlement at a price far lower than the cost to defend the litigation.