March 23, 2015

We have all heard rumors, and “stories” of those so-called “patent trolls”, but last week the Federal Trade Commission approved a final order against one such entity, AND against a certain law firm right here in Texas, in Austin. The law firm is headed up by a guy that once worked for the same law firm that I did, even for the same partner that I had worked for… His name is Bryan Farney. The order is shocking in that it prohibits his firm from doing what nobody should EVER do! The order states that they “shall not
A. Make any representation in a Patent Assertion Communication, expressly or by implication,
1. that a particular Patent has been licensed to a substantial number of licensees 2. that a particular Patent has been licensed at particular prices or within particular price ranges, or
3. otherwise concerning the results of licensing, sales, settlement, or litigation of a particular Patent,
unless the representation is non-misleading and, at the time such representation is made, Respondents possess and rely upon competent and reliable evidence sufficient to substantiate that the representation is true; … Here’s the link to the FTC’s announcement:

About timheadley

For almost 30 years, as a lawyer, Tim Headley has been helping clients protect their intellectual property, according to the laws of patents, trademarks, copyrights, and trade secrets, not only in the United States, but in various countries around the world. Before that, he worked as an electrical engineer. Before that, he taught theology, in Spanish, to adult students, in the evenings, in a school in La Paz, Bolivia. You can contact him at, or his office phone, 713-467-8500, or his cell phone, 713-398-1045. His website is
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