Would eliminating jury trials on patent validity remove much the inherent leverage of PAEs (patent trolls) and move the needle on patent reform?
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.
With patent reform legislation moving forward, an impressive group of law professors weighed in last week in favor of reform. The group submitted a letter to Congress that effectively demonstrates the seriousness of the problem of patent assertion entities (PAEs) and supports pending legislation.... 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