Law.com – IP Professionals Try to Do More With Less, Particularly for Patent Filings

More than three-fourths of intellectual property executives and consultants reported that their companies’ total legal or business budget stayed flat or decreased in 2010, according to Foley & Lardner’s inaugural IP Leadership Survey.

The survey, which was released on Oct. 5, is based on August responses from 75 intellectual property executives, advisers and consultants. Nearly half, or 46 percent, said their companies’ legal or business budgets stayed the same. About one-third, or 32 percent, reported a dip in these budgets. More than one-fifth, or 22 percent, of respondents said the amounts climbed this year compared with 2009.

Although many companies in the intellectual property space have the same or higher legal spending, the rest are simply doing more with less, said Jeanne Gills, vice-chairwoman of Foley & Lardner’s national intellectual property department.

Companies are increasingly strategic about their intellectual property spending, particularly about foreign patent application filings, Gills said.

Years ago, companies would automatically file in a set group of other countries every time they filed a U.S. patent application, Gills said. Now they consider the risks of not filing and how to measure the risks against the investment. “There is more deliberate discussion [about these questions] than ever before,” Gills said.

The survey respondents report that the economic downturn hasn’t dampened their companies’ focus on protecting their intellectual property. Most, or 93 percent, view intellectual property as equally important or more important than it was before the downturn.

via Law.com – IP Professionals Try to Do More With Less, Particularly for Patent Filings.

HTC Sues Apple, With Help From Troll | The Recorder

HTC Corp. retaliated against Apple Inc. on Wednesday with its own patent infringement complaint — and the patents come from a surprising source.

Three of the five patents that HTC says Apple is infringing on with its iPhone, iPad and iPod Touch were owned by patent troll Saxon Innovations LLC. HTC, the Taiwanese Google-phone maker, appears to have gotten the IP as part of a settlement with Saxon in the spring of 2009. The other two are HTC patents, including one that was issued Tuesday, which helps explain the timing of the complaint.

The countersuit before the International Trade Commission is a response to Apple’s volley of lawsuits against HTC in the ITC and Delaware District Court in March. Apple claims that HTC’s phones, which run Google Inc.’s operating system, infringe on 10 of its patents — sending a forceful message about the growing rivalry between Apple and Google in the smart phone market.

Since the March offensive, there has been a persistent question about how HTC would respond. The company has a much smaller patent portfolio than Apple (hundreds versus thousands), which can be like holding a butter knife at a gun fight.

HTC hired Finnegan, Henderson, Farabow, Garrett & Dunner and San Francisco's Keker & Van Nest to defend it against Apple and its lawyers at Kirkland & Ellis.

The lawyers looked at HTC's IP and came up with two patents on controlling the power levels in smart phones — including the one issued Tuesday — that it claims Apple's iPhones infringe on.

The other three patents cover a “Telephone Dialler with a Personalized Page Organization of Telephone Directory Memory.” According to patent filings, Saxon transferred them to HTC on March 31, 2009 — the same day that HTC settled a complaint that Saxon, a patent troll funded by Altitude Capital Partners, had filed in the ITC.

via Law.com – HTC Sues Apple, With Help From Troll.