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IBM Says Twitter Infringing Three Patents

Publication Date: 
November 04, 2013
Source: 
The Recorder
Author: 
Chelsea Allison

Stanford Law Professor Mark Lemley is quoted in The Recorder regarding lawsuits filed against Twitter just before it went public.

Twitter disclosed Monday that it has received a demand letter from IBM Corp. alleging infringement of "at least" three patents held by the computer company. The dispute has not yet headed to the courtroom; instead, IBM is "inviting [Twitter] to negotiate a business resolution of the allegations."

The announcement comes just days before the social networking company is slated to go public.

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Conventional wisdom holds that companies are more likely to get sued for infringement leading up to an IPO, noted Mark Lemley, director of Stanford Law School's Program in Law, Science and Technology, who is in the process of studying the topic.

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"My sense is that getting sued for patent infringement is sufficiently routine in the tech industry these days that no one expects it to derail an IPO," Lemley wrote in an e-mail. Though he has represented Twitter in his capacity as a partner at Durie Tangri, he said he is not working with the company on this matter and does not speak for the company.