Loren Donald Pearson

Loren Donald Pearson is a Registered Patent Attorney and a Florida Bar Board Certified Intellectual Property Attorney.  He is a partner at Assouline & Berlowe, PA and leads its intellectual property group.  Read his profile

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Entries in NPE (2)


"When Patents Attack!... Part Two" from This American Life

"When Patents Attack... Part Two!" was a recent episode of This American Life.  It is a radio show and podcast episode discussing patents, licensing, "patent trolls" and the like.

The podcast is pessimistic about patents.  There are solutions and strategies to many of the topics.

  • Liability can come from unexpected places--buy licensed raw materials, do not waive indemnity from suppliers, even better make it express in a purchasing agreement
  • The Eastern District of Texas is a hostile jurisdiction--file a local declaratory judgment action upon receipt of a cease and desist letter.
  • Everyone else is settling--consider joint defense agreements

Email me your questions about the when patents attack podcast and I will collect and publish the questions and answers.

By the way, I am a podcast fan.  A podcast is a syndicated episode (typically audio) that can be played later--kind of like a DVR for radio on your computer or smartphone.  The following list are my favorite five podcasts, the link is to their webpages and the RSS feed can be found there:

  1. ESPN: The B.S. Report with Bill Simmons.  A sports/pop culture podcast
  2. Filmspotting; Streaming Video Unit (SVU)  Film critics discuss movies through the streaming video (e.g. Netflix) prism.
  3. Shields and Brooks: PBS NewsHour Podcast  A civilized discussion of the week's politics.
  4. Sound Opinions  Music podcast featuring new music review, classic album dissections, etc.
  5. Valtimax Business Strategy and Marketing Podcast  Dave Lorenzo shares his business knowledge

Obama Launches: "White House Task Force on High-Tech Patent Issues"

President Obama announced "White House Task Force on High-Tech Patent Issues."  The orders are unprecedented; in eighteen years of practice, I have never seen a set of patent-related executive orders.

I will be digesting and posting about the provisions in the days to come.

The main points include:


  1. Require patentees and applicants to disclose the “Real Party-in-Interest"
  2. Permit more discretion in awarding fees to prevailing parties in patent cases
  3. Expand the PTO’s transitional program
  4. Protect off-the-shelf use by consumers and businesses
  5. Change the ITC standard for obtaining an injunction
  6. Use demand letter transparency to help curb abusive suits
  7. Ensure the ITC has adequate flexibility in hiring


  1. Making “Real Party-in-Interest” the New Default.
  2. Tightening Functional Claiming.
  3. Empowering Downstream Users.
  4. Expanding Dedicated Outreach and Study.
  5. Strengthen Enforcement Process of Exclusion Orders.

White House Task Force on High-Tech Patent Issues