The report, which was required under the America Invents Act, makes a thorough review of the consequences of patent
litigation by patent trolls (it prefers the term PME).
«This kind of a study is important because Congress is contemplating changing the rules for fee - shifting in patent cases in order to prevent frivolous
litigation by patent trolls,» he said.
Not exact matches
2014 is likely to mark a sea change for
patent litigation, as both the Supreme Court and Congress actively figure out ways to rein in costly challenges brought
by non-practicing entities, or
trolls.
To deal with
trolls» propensity to target small businesses, the administration wants new legislation that will «protect off - the - shelf use
by consumers and businesses» from frivolous
patent litigation.
Smaller firms in particular face a thicket of
litigation by competitors and «non-practising entities» — the polite term for
patent trolls.
That problem is that while the costs of
litigation are real — not just money but also defensive medicine, intimidation of startups
by patent trolls, intimidation of the media
by billionaires — the exclusive focus on costs overlooks the crucial role of
litigation in our democracy.
Mr. Duan explained that design
patent litigation isn't nearly as widespread as software
patent litigation, but depending on what happens in Apple v. Samsung and other design
patent damages cases, design
patents could give rise to many lawsuits
by patent trolls in the not too distant future.
In theory, this fee provision should deter aggressive and frivolous
litigation by non-practicing entities (so - called
patent trolls),
by emboldening companies being sued
by the
trolls to stand their ground and fight back, instead of settling.
The move is a major blow for retailers, tech companies and a wide variety of businesses that have been shaken down
by «
patent trolls» — shell companies whose sole business consists of forcing their targets to pay for a
patent license in order to avoid expensive
litigation.
The solution to the problem of
patent trolls is as simple as it is difficult to implement; more rigorous examination of
patent applications, clarification and limitations of claims during prosecution, and increased use
by the courts themselves (rather than the parties in
litigation) of expert witnesses who can inform the court of the state of the art, and what implied limitations of the original invention should be considered
by the court.
According to a recent study
by Santa Clara University School of Law professor Colleen Chien, companies making less than $ 100 million annually represented 66 percent of the defendants in
patent troll litigation, and more than half of those defendants had less than $ 10 million per year in revenue.
«Right now, we need legislation that clamps down on
litigation abuse
by patent trolls and bad actors, and empowers those on the defensive end of frivolous lawsuits to fight back swiftly and cheaply.»
To illustrate how much
troll litigation has surged, there were more cases filed
by patent trolls in one month in January 2015 than in the entire year of 2004.
A ruling that made it even easier to sue customers (
by allowing suits against someone who performs just some steps of a
patent) would encourage
patent trolls to launch more abusive
litigation campaigns.
So - called
patent trolls stifle innovation and harm our economy
by making dubious claims of
patent infringement and using the threat of expensive
litigation to extort money from small businesses and nonprofits.
Many in the tech industry believe that 2011's reforms did not adequately address the issue of «
patent trolls» and that additional legislation is necessary to reduce the costs of
litigation caused
by «non-practicing
patent entities (NPEs).»
Unfortunately, avid technology users are unknowingly putting themselves at risk for
litigation brought on
by so - called
patent trolls who buy questionable and overly vague
patents, often
by the hundreds or thousands, and use them to demand that operating companies pay a licensing fee or face
litigation.
On Nov. 20, the House Judiciary Committee passed H.R. 3309, legislation to deal with the growing problem posed
by «
patent trolls» bringing frivolous
patent infringement
litigation.
This legislation is intended to reduce
litigation by «
patent trolls»
by making them liable for alleged infringers» court costs and attorneys» fees if their
patents are found invalid or not infringed.
By making important reforms to the nation's patent litigation system, the Innovation Act would address abusive practices by patent trolls that bully American businesses, including many REALTORS ®, with deceptive and often illegitimate claims of patent infringemen
By making important reforms to the nation's
patent litigation system, the Innovation Act would address abusive practices
by patent trolls that bully American businesses, including many REALTORS ®, with deceptive and often illegitimate claims of patent infringemen
by patent trolls that bully American businesses, including many REALTORS ®, with deceptive and often illegitimate claims of
patent infringement.