Blackbird Tech

Blackbird Tech, operating as Blackbird Technologies and Blackbird Tech LLC, is a patent monetization entity headquartered in Boston, Massachusetts. Founded by attorneys with backgrounds at AmLaw20 firms, Blackbird Tech employs a unique business model focused on acquiring intellectual property from independent inventors and small companies to realize value through efficient in-house litigation and licensing efforts. This distinguishes it from traditional law firms, as it acts as the patent owner and plaintiff rather than representing external clients.

Blackbird Tech's patent litigation practice primarily operates on the plaintiff side, asserting its acquired patents against alleged infringers. The entity's portfolio has included patents across a diverse range of technology areas, such as fitness equipment, e-discovery software, content delivery, secure switching technology, cordless power supplies, LED technology, and mechanical devices like bicycle pet carriers. It has been characterized by some as a "patent troll" or a "non-practicing entity" (NPE) due to its core business of monetizing patents through litigation rather than producing products.

The firm's litigation history includes both settlements and notable adverse outcomes. Blackbird Tech LLC successfully settled patent infringement lawsuits with companies such as HP (regarding secure switching technology), Chervon North America (cordless power supplies), Pet Gear and PetEgo (bicycle pet carriers), and PlusRite USA (LED technology). However, in Blackbird Tech LLC v. Health in Motion LLC, the Federal Circuit affirmed a district court's award of over $360,000 in attorney fees against Blackbird for "abusive litigation" and unreasonable conduct, noting that Blackbird had filed over 100 patent infringement lawsuits without any decisions on the merits in its favor. Additionally, in Blackbird Tech LLC v. Cloudflare, Inc., the asserted patent was invalidated on Section 101 grounds for claiming an abstract idea, a decision later affirmed by the Federal Circuit. The entity was also involved in Blackbird Tech LLC v. Wahoo Fitness, LLC, which saw one claim of its asserted pedometer patent found unpatentable for obviousness in an inter partes review (IPR) proceeding, a finding upheld by the Federal Circuit.

Blackbird Tech has been actively involved in Patent Trial and Appeal Board (PTAB) proceedings, primarily as the patent owner defending its patents against IPR petitions. Examples include IPRs initiated by kCura LLC, Fitbit, Inc., and TomTom, Inc. challenging the validity of Blackbird Tech's patents. Key individuals in the entity's leadership include co-founder and CEO Wendy Verlander, who leads its patent monetization and litigation strategy, and co-founder Christopher P. Freeman, who previously served as Vice President and Head of Litigation. Christopher P. Freeman is currently a Managing Director at Burford Capital.