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Jun25
Software Patents

The following is not meant to be legal advice.

 

According to Mark Webbink, Deputy General Counsel at Red Hat, the 10 largest software patent holders in the United States are:  IBM, Hewlett-Packard, Hitachi, Intel Corporation, Microsoft Corporation, Fujitsu, Sony Corporation, NEC, Sun Microsystems, Mitsubitshi. 

In the beginning, software patents were not important to the development of the United States software industry according to statistics on how many patents the 10 companies held in 1995 compared to 2006.  IBM began to seek royalties from other companies such as Microsoft, making software patents an issue.  Then Microsoft fought back to with patents to maintain a monopoly. 

 

Patents have been made popular by companies such as IBM who build software and hold patents, and companies like Acacia who go out and buy patents in order to hold them for income.  Companies that build patents are less likely to litigate because of counterclaims.  Counterclaims are a defendant’s own patent portfolio used to attack back at a plaintiff. 

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