Blackbird Tech LLC (d/b/a Blackbird Technologies)

Blackbird Tech LLC, operating as Blackbird Technologies, is a specialized intellectual property monetization firm based in Boston. Founded by former partners from AmLaw20 law firms, it distinguishes itself as an efficient alternative to traditional large law firms, primarily assisting individual inventors and small companies in realizing value from their patents. The firm employs an in-house litigation and licensing model to pursue patent enforcement.

Blackbird Technologies’ patent litigation practice spans a broad array of technology areas. Its portfolio and assertion efforts have involved software, consumer electronics, and mechanical/design patents. Case matters have covered diverse fields such as GPS and navigation technology (e.g., Blackbird Tech LLC v. TomTom, Inc.), data storage, LED lighting, exercise equipment, vehicle guidance and traffic monitoring, secure online transactions, augmented reality in video games, and cosmetic applicator designs.

The firm primarily operates on the plaintiff side, focusing on patent assertion and monetization. Its strategy often involves moving directly to litigation when licensing negotiations are unproductive. While the firm aims to monetize patents through litigation and licensing, it has also faced challenges to its litigation positions, including a Federal Circuit affirmance of an attorney fees award against it for a "meritless" and "frivolous" position in Blackbird Tech LLC v. Health in Motion, LLC. In another instance, the Federal Circuit affirmed the dismissal of a case against Cloudflare, finding Blackbird's patent claims too vague.

Beyond the tracked case of Blackbird Tech LLC v. TomTom, Inc., the firm has been involved in other notable litigation. It successfully defended against a motion to dismiss in Blackbird Tech LLC v. Niantic, Inc., concerning augmented reality features in video games. Blackbird Technologies has also achieved multiple settlements in patent infringement lawsuits, including with HP, Lyft, HSBC, INRIX, and various companies in the LED lighting and cosmetics industries.

In its PTAB practice, Blackbird Technologies primarily acts as a patent owner defending its patents. It has been a respondent in inter partes review (IPR) proceedings, including a challenge by Unified Patents against a data storage patent (where the PTAB declined to institute review) and an IPR filed by kCura LLC that was ultimately settled. TomTom also filed IPRs against Blackbird patents related to pedometer technology.

Key leadership includes Wendy Verlander, who serves as President and CEO. Ms. Verlander brings over three decades of intellectual property experience, including extensive litigation and transactional work, and was previously a partner at WilmerHale. Christopher Freeman was a co-founder and former Vice President and Head of Litigation at Blackbird Technologies, having previously been an IP partner at Kirkland & Ellis. He later joined Burford Capital.