Partner Adam Perlman was quoted in “Dark IPR, Hot Tubbing And Other Terms IP Attys Should Know,” published by Law360. The article featured slangy terms used by IP attorneys, covering everything from threats of patent challenges to techniques for questioning expert witnesses.
In the article, Adam discussed the nuances of commonly used IP jargon. For instance, a “dark IPR”, where a patent challenger will show a patent owner a petition challenging their patent in advance of filing. The goal here is to convince the patent owner to quickly settle instead of fighting the challenge at the Patent Trial and Appeal Board. “This isn’t too dissimilar to techniques that have been around in patent litigation for years”, according to Adam. He noted that people have long drafted complaints and sent demand letters to accused infringers, threatening to file suit if a license fee wasn’t paid.
Adam also discussed a new type of IP litigant, the “reverse patent troll,” which commonly involves hedge funds or other entities. “It’s a reverse situation. It’s a patent challenger, not a patent owner,” said Adam, who has written about the subject. “The common theme is that it is essentially an attempt at a stickup, if you will.”
Click here to read “Dark IPR, Hot Tubbing And Other Terms IP Attys Should Know” from Law360.