Research supporting institutional or commercial goals is not protected. Modern research rarely happens in a vacuum, as it is performed with a purpose beyond mere intellectual curiosity.
The Fifth Circuit's ruling in Reed v. Marshall establishes that trademark infringement claims under the Lanham Act cannot be sustained between co-owners of a trademark.
The district court concluded Mitek had no reasonable apprehension of suit, determining that MiSnap did not practice all claim elements, thus undermining the legitimacy of Mitek's claims.
What's important to understand here is, Carma isn't just asserting five patents. They have had a very sophisticated strategy of patent procurement that they've been working on for the past 18 years.