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Patent war


A patent war is a "battle" between corporations or individuals to secure patents for litigation, whether offensively or defensively. There are ongoing patent wars between the world's largest technology and software corporations. Contemporary patent wars are a global phenomenon, fought by multinational corporations based in the United States, China, Europe, Japan, Korea and Taiwan. Patent wars have occurred in a wide range of technologies, both in the past and in the present.

Patent wars are not a new phenomenon. In the Wright brothers patent war, the Wright brothers, attributed with the invention of the airplane, sought to prevent competitors from manufacturing airplanes through litigation, stifling the development of the American airline industry.Alexander Graham Bell, credited with inventing the telephone, was dragged into a patent war against his rivals, which involved, in just 11 years, 600 lawsuits. One notable case was Bell's lawsuit against Western Union. Western Union was backed by Elisha Gray, also credited with inventing the telephone.

The occurrence of patent wars has been shaped by the digital age, as the rapid pace of innovation makes much of the patent system obsolete. In the 1980s, technology corporations in the United States and Japan engaged in a patent war, creating a scenario where companies were forced to "fight patent with patent." This bilateral patent war, partly exaggerated by the media, subsided by the mid 1990s.

Exacerbating the frequency of patent wars was the advent of patent trolling. The term "patent troll" was coined in the 1990s by the employees of Intel and popularized by Intel's Peter Detkin. According to Detkin, Intel was "sued for libel for the use of the term 'patent extortionists' so I came up with 'patent trolls...a patent troll is somebody who tries to make a lot of money off a patent that they are not practicing and have no intention of practicing and in most cases never practiced."

During the 1990s, federal courts began reversing earlier decisions made by the patent office that restricted the patenting of software. In 1997, software companies Trend Micro, Integralis, McAffee and Symantec fought a patent war over antivirus software. In 1999, a patent for "one-click ordering technology" led to a patent war between Amazon.com and Barnes & Noble. In 2004, Sony and Kodak engaged in a patent war over digital cameras, a dispute which lasted until 2007.


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