ВЕСТНИК КЭУ: ЭКОНОМИКА, ФИЛОСОФИЯ, ПЕДАГОГИКА, ЮРИСПРУДЕНЦИЯ
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lucky sometimes (in 2003 one of its subsidiary
companies won a trial with Microsoft on charges
of unfair competition). But in 2009 the company
declared that would not produce any more
products on the basis of Palm OS. In 2010 it was
bought by Hewlett-Packard concern.
Sony Ericsson. The company appeared in 2001
as a result of merging of mobile phone
subdivisions of the Japanese and Swedish
concerns and at that moment it seemed as a
promising leader of the market. However in 10
years it suffered a total defeat: every year there
was about 20 % decrease of mobile phone
manufacture. The company had bad strategic
planning and it underestimated the market of
smart phones too. In the end of 2011 Ericsson sold
its share to Sony, and now all products are
branded only by the Japanese corporation.
Motorola. The pioneer of the market of cellular
communication. It was Motorola that in 1983
released the first portable cellular telephone. But
since the zero years, it was not able to sustain a
competition with other manufacturers of phones,
Motorola began to incur losses. As a result of
restructuring, the company was divided into
Motorola Solutions and Motorola Mobility, and,
as a matter of fact, was sold out. In 2010 the control
over Motorola Solutions was taken by Nokia
Siemens Networks company, and in 2011, they
declared that Motorola Mobility firm would be
bought by Google for about 12,5 billion dollars.
Integral part of an infrastructure of the
competition between innovators and imitators is
advocate institute and rather new institute of so-
called "patent trolls".
The lawyers earning hundred thousands of
dollars - head the list of main characters of present
round of business wars, corporate confrontation
when the American, European and Asian courts
are overfilled with mutual lawsuits of
corporations to each other (according to "the
Russian reporter" data, in 2012 there were 50 trials
in ten countries) [8].
The American court in San Jose "supported"
the domestic manufacturer - Apple company; in
South Korea judges made Solomon's decision
according to which both corporations - Apple and
Samsung - mutually used each other
developments and thereby they broke patent
legislation.
As a result,
in the South Korean market,
they stopped to sale ten products of Samsung and
those four of Apple.
Later the Tokyo court rejected the action of
Apple charging Samsung with illegal use of its
inventions in eight models of smart phones and
tablet computers. The attempt to suspend sales of
the South Korean giant in the Japanese market
failed. In the Great Britain the court partially
supported Samsung, and in Germany the court
refused to consider mutual claims of the
companies.
Each patent dispute is unique, - says E.
Trusova, lawyer, the partner of firm with practice
of solving the disputes of intellectual property
"Goltsblat BLP". - the solution of any patent
dispute cannot be used as precedent at another
one. In practice it means, that both sides cannot
gain the complete and final victory. Patent
disputes frequently continue rather long. Lawyers
profit from this fact - it secures them constant
earnings for years ahead. In this case one can say
about the real protection of intellectual property
only in a symbolic way [8].
In such situation of patent and legal
uncertainty there a lot of offices emerge which
got a general name "patent trolls".
The patent troll - natural person or legal
person specializing on filing patent lawsuits [9]
[10].
Patent trolls prefer to call themselves patent
holdings [9] or patent dealers [9] [11]. Other
names are also used: non-practicing entity, NPE
[12], non-manufacturing patentee [13] or non-
manufacturing entity, patent marketer [13-14]
which mainly used to say about owners of patents,
not having their own production [12].
In cases of suing when there is a probability
to cancel the used patent, but at that the company
using it cannot sell its product otherwise it
violates the patent, many such companies prefer
to make an agreement with a patent holder and
to pay indemnification. It is this situation that is
used by "patent trolls" patenting as many as
possible quantity of technologies and development
projects in perspective areas and waiting to get
indemnification when such developments will be
used by the large companies. The number of
disputes initiated by such companies is rather
considerable at the present time.
According to D. Kartsev and K. Hutsishvili,
in 2011 patent trolls earned 29 billion dollars in
the USA alone. It is no wonder, that some large
corporations use patent trolls for mercenary ends
by setting them against competitors [8].
We will give some examples from numerous
recorded cases.
In October, 1999 in Russia they published the
patent # 2139818 on the invention "glass vessel"
which description completely matches an
ordinary glass bottle. The authorship of the
invention "belonged" to inhabitants of Moscow
region Kalinitchenko and Troitsin, and patent
holder was LLC "Technopolis" [9]. LLC
"Technopolis" tried to demand from the
companies producing beer and soft drinks to pay
license fees at the rate not less than 0,5 % from
their gain. Now the patent is cancelled according
to the decision made by the Chamber on patent
disputes.
In 2006 Blackberry had to pay 612, 5 million
dollars to NTP Inc. company under the threat of
ban to distribute their goods in the USA [9].
On January, 22nd, 2008 an American
company Minerva Industries patented a device,
whose description reminded a smart phone, and
immediately sued the large manufacturers of