Technology companies aren’t the only ones fighting over patents. So is Santa Ana-based Iron Grip Barbell Co.
Iron Grip, a maker of barbells and other weights, is one of Orange County’s more active enforcers of its patents, according to court filings.
“These cases generally settle before trial, but we have gone to court,” said Michael Rojas, Iron Bell’s cofounder and chief executive.
Iron Bell has several patents, which Rojas called “simple” and “straight-forward.”
For one, the company has a patent on weight plates with handgrips, the kind often used in gyms, he said.
The simplicity of Iron Grip’s patented products makes them vulnerable, according to Rojas. His distributors, retailers and others help keep a lookout for potential infringers, he said.
Iron Grip has filed at least 12 patent infringement suits since 1996, according to statistics compiled by Menlo Park-based legal research company iPriori Inc.
“Patent litigation is growing and growing all over the country,” said Jan Weir, a partner with Newport Beach-based Stradling, Yocca, Carlson & Rauth LLP. “There is more patent litigation here than in any other state.”
Patent lawsuits nationally have grown since 1994, according to iPriori. Not surprisingly, California far outpaces any state. Golden State companies filed 2,800 suits from 1997 to 2002.
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Iron Grip weight: company’s patents “simple,” “straight-forward,” Rojas says |
The next highest state,New York,recorded just more than 1,000 suits.
The U.S. Central District Court’s Santa Ana arm saw a decrease in the number of patent cases filed last year from 144 in 2003 to 72 in 2004.
Since 1996, the most prolific patent suit filer locally has been Acacia Research Corp. with 112 patent lawsuits.
That’s not surprising.
Newport Beach-based Acacia’s business model is to acquire technology and biotechnology patents, strike licensing deals or sue to enforce them.
Earlier this year, Acacia sued Intel Corp. and Texas Instruments Corp. for alleged violation of its patents.
Acacia gained more patents earlier this year when it bought Global Patent Holdings LLC for up to $7 million. The acquisition added 27 patent portfolios, including 121 U.S. patents and some foreign ones.
The patents cover broadcast equipment, spreadsheet programs and credit card receipt processing devices.
Oakley Inc., the Foothill Ranch-based maker of sunglasses and clothes, filed 106 patent suits since 1996, second only to Acacia in OC.
“You would be surprised at what they can patent,” said James Bear, a partner with Knobbe, Martens, Olson & Bear LLP. “It can be shape. It can be materials. After all, Oakley has made a fortune selling high-tech sunglasses.”
Historically, patent suits tend to rise when the economy suffers and fall when things get better, according to lawyers.
But perceptions among patent holders have changed, they said.
“Everybody has gotten more sophisticated when it comes to patent lawsuits,” Stradling’s Weir said. “During the dot-com days, a lot of people became aware of patents. Everybody came to the realization about their competitive value. That set the stage for everybody becoming extremely aware.”
That’s led some companies to use patents as a way to grow and to hold their own against rivals.
Irvine chipmaker Broadcom Corp. has been an active buyer and protector of patents.
The company has filed at least 12 patent suits since 1996, far less than Acacia and Oakley but still the third most among local companies since 1996, according to iPriori.
Early last year, Broadcom bought a portfolio of chip patents from Austin, Texas-based Cirrus Logic Inc. It then sued rival Agere Systems Inc. for allegedly violating the patents.
The patents cover how data are stored and accessed on magnetic and optical drives.
Broadcom also sued another rival, Plano, Texas-based Microtune Inc., which earlier sued Broadcom over patents. The companies settled the spat last year.
Medical technology companies also have sued to enforce patents.
Irvine drug maker Allergan Inc. was fourth on the list, with 10 patent suits since 1996.
