This law
requires patent demand letters to be specific about the claim being violated, to be particular about how the target is violating the patent, and to give targets a reasonable estimate of the damage costs coupled with a reasonable time to respond (patent trolls usually have broad demands, are vague about violations, and pressure their targets to respond hastily with their purses open).
Example: Developed internal procedure for immediate and regularized processing
of patent demand letters, which reduced internal cost and stress, and shifted command of the situation in the company's favor
The STRONG Patents Act has a few positive provisions, such as helping clamp down
on patent demand letters, but ultimately it is not the reform we need.
The Court conceded that its decision would increase the risk of liability for indirect infringement claims amid public concern about perceived abuses of the patent system, including infringement actions by patent - assertion entities and
deceptive patent demand letters.
Many of the
largest patent demand letter campaigns have included misleading and deceptive language (such as failing to disclose that patents have expired or targeting end - users already protected by a manufacturer's license).
The first draft of the Patent Transparency and Improvements Act only covers transparency and end - user protections, though it adds important standards
for patent demand letters, which are highly abused.
It could be strengthened further if the statute required the AG's office to investigate any complaints of bad
faith patent demand letters served on Vermont businesses.
At a congressional hearing today, EFF Staff Attorney Vera Ranieri gave formal testimony
about patent demand letters and the harm these letters cause to legitimate businesses.
On Feb. 26, 2015, the U.S. House Subcommittee on Commerce, Manufacturing and Trade held a hearing titled «Update:
Patent Demand Letter Practices and Solutions.»
This bill
requires patent demand letters to be specific about the claim being violated, to be particular about how the target is violating the patent, and to give targets a reasonable estimate of the damage costs coupled with a reasonable time to respond.
Trolling Effects is an important tool to fight the dangerous barrage
of patent demand letters, but we need a more long - term fix to the problem.
Requiring
patent demand letters to include basic information about the alleged infringement and the method by which a demand was calculated;
Require
that patent demand letters include truthful, basic information.
Have you recently received
a patent demand letter or been hit by a lawsuit from either «Shipping and Transit, LLC» or «Electronic Communication Technologies, LLC»?
If you have received
a patent demand letter, submit it to Trolling Effects.
In a recent example, Acacia Research sent more than 4,000
patent demand letters to universities and colleges across the nation, claiming its vaguely worded patents cover all known methods of streaming pre-recorded educational lectures over the Internet.
and Rockefeller (D - W.V.) introduced the Transparency in Assertion of Patents Act, an important piece of legislation that would really protect consumers and small businesses by curbing
the patent demand letter problem.