Would eliminating jury trials on patent validity remove much the inherent leverage of PAEs (patent trolls) and move the needle on patent reform?
North Carolina became the latest state to take a stand against patent trolls when NC Governor Pat McCrory signed a new law last week aimed at preventing bad faith assertions of patent infringement. Patent trolls (more officially called "patent assertion entities" or "non-practicing entities") are... Read more
The Federal Trade Commission (FTC) is finally on the cusp of its long-anticipated study to examine the harmful effects of Patent Assertion Entities (PAEs).
Late last month, as you’ve likely read by now, the US Senate Judiciary Committee (SJC) abruptly pulled consideration of a legislative patent reform package from consideration. For this year, at least, the prospect of addressing abusive patent litigation through Congressional action is on ice.
Patent reform may have stalled this year at the federal level, but patent trolls may soon find their actions curtailed by a number of patent abuse litigation laws that have been passed or are pending in over twenty U.S. states.
Did you know that more than twenty U.S. states have patent abuse litigation laws that have been passed or are pending? Find out which states are looking to curb patent trolling practices.
Patent trolling—the aggressive assertion of weak or meritless patent claims by non-practicing entities—is a frequent target of disdain from open source enthusiasts. Thus it may be of some comfort to readers that the highest court in the US has recently decided the issue is worth looking into. Three... Read more
"Patents are here to stay." This is the sort of statement that makes me uneasy. I guess in the 17th century the common wisdom was "slavery is here to stay." In the 18th century giving voting rights to women seemed absurd and foreseeing open borders between France and German was crazy talk in 1945.... Read more
Looking back over the law channel posts of 2012, I was not surprised to see that software patents were a major concern. The high volume of significant patent lawsuits of competitors and rising levels of NPE (aka patent trolls or patent assertion entities) suits has been the subject of both open... Read more
A new report titled An Overview of the "Patent Trolls" Debate [PDF] is a balanced but ultimately devastating indictment of "patent trolls." It was prepared by the Congressional Research Service for members of Congress, who could actually do something about the "troll" problem. It's a useful primer... Read more