Intellectual Ventures

Controversy

Publicly, Intellectual Ventures states that a major goal is to assist small inventors against corporations. In practice, the vast majority of IV's revenue comes from buying patents, aggregating these patents into a single portfolio spanning many disparate technologies and tying these patents together for license to other companies under the threat of litigation, or filing lawsuits for infringement of patents, a controversial practice referred to as "patent trolling."

Intellectual Ventures' purchased patents have largely been kept secret, though press releases with Telcordia and Transmeta indicated some or all of their patent portfolios were sold to the company. It reports that its purchasing activity as of spring 2010 has sent $350 million to individual inventors, and $848 million to small and medium size enterprises as well as returning "approximately $1 billion" to investors before filing any lawsuits, but IV's assistance to individual inventors has been contested. Investigative journalism suggests that the company makes most of its income from lawsuits and licensing of already-existing inventions, rather than from its own innovation. Intellectual Ventures has been described as a "patent troll" by Shane Robison, CTO of Hewlett-Packard and others, allegedly accumulating patents not in order to develop products around them but with the goal to pressure large companies into paying licensing fees. Recent reports indicate that Verizon and Cisco made payments of $200 million to $400 million for investment and licenses to the Intellectual Ventures portfolio. On December 8, 2010, in its 10th year of operations, Intellectual Ventures filed its first lawsuit, accusing Check Point, McAfee, Symantec, Trend Micro, Elpida, Hynix, Altera, Lattice and Microsemi of patent infringement. In September 2016, the Court of Appeals for the Federal Circuit ruled that all the relevant patent claims in the lawsuit were invalid, because "the patent merely applies a well-known idea using generic computers".

The company has been accused of hiding behind shell companies for earlier lawsuits, an accusation consistent with the findings of NPR's Planet Money in July 2011. The episode, which also aired as the This American Life episode "When Patents Attack", was dedicated to software patents, prominently featuring Intellectual Ventures. It includes sources accusing Intellectual Ventures of pursuing a strategy encouraging mutually assured destruction, including Chris Sacca calling Myhrvold's argument that Intellectual Ventures is offering protection from lawsuits in a "mafia-style shakedown".

Intellectual Ventures staff are active in lobbying and testifying in court on United States patent policy.