Wednesday, January 19, 2011

The List

Top 30 New England patent holders

By Lynette F. Cornell

See the table of New England's Top Patent Holders

Patent world’s eyes are on the Supreme Court

A case involving Microsoft Corp. is shaking up the patent world, and its effects are being felt across high tech industries as observers await a U.S. Supreme Court decision. Canadian firm i4i Inc. took on the software giant over a patent infringement claim regarding the use of XML technology. In response, Microsoft challenged the validity of i4i’s patent.

The debate came down to the issue of the presumption of patent validity, with Microsoft arguing that under current standards i4i’s patent should have never been issued. If Microsoft wins, it will destabilize the reasonable expectations for approving a patent, said Dana Gordon, deputy chair of Foley Hoag LLP’s intellectual property group.

Challengers of existing patents would be in a better position if the court rules in Microsoft’s favor, setting a precedent for cases where a patent’s validity is called into question, said Gordon. Companies accused of patent infringement would have an easier time proving that the patent they are accused of infringing is invalid.

This would be beneficial to companies with a large IP portfolio, given the cost of fighting the so-called “patent trolls,” said Gordon. But there would be a downside for those same businesses, which invest so much time and money in research and development and rely on the leverage that patents provide to recoup their investment, said Gordon.  

New England's top 30 patent holders
Ranked by total number of patents issued between 1/1/10 and 9/30/10, ties ranked by total number of employees

* Companies that did not respond to survey request are not included on this list.

Source: FoleyHoag and MHT research