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Stiflers of innovation, patent trolls use overbroad patents based on dated technology to threaten litigation and bring infringement suits against inventors. Trolls, also known as nonpracticing entities (NPEs), typically do not produce products or services but are in the business of litigation. They lie in wait for someone to create a process or product that has some relationship to the patent held by the troll, and then they pounce with threats and lawsuits. The cost to the economy is staggering. In Patent Trolls: Predatory Litigation and the Smothering of Innovation, William J. Watkins, Jr., calls attention to this problem and the challenges it poses to maintaining a robust rate of technological progress. After describing recent trends and efforts to “tame the trolls,” Watkins focuses on ground zero in patent litigation—the Eastern District of Texas, where a combination of factors makes this the lawsuit venue of choice for strategically minded patent trolls. He also examines a more fundamental problem: an outmoded patent system that is wholly ill suited for the modern economy. Finally, he examines proposals for reforming the U.S. patent system, which was created to spur innovation but today is having the opposite effect. If legal reformers heed the analyses and proposals presented in this book, the prospects for crafting a legal environment that promotes innovation are favorable.
Stiflers of innovation, patent trolls use overbroad patents based on dated technology to threaten litigation and bring infringement suits against inventors. Trolls, also known as nonpracticing entities (NPEs), typically do not produce products or services but are in the business of litigation. They lie in wait for someone to create a process or product that has some relationship to the patent held by the troll, and then they pounce with threats and lawsuits. The cost to the economy is staggering. In Patent Trolls: Predatory Litigation and the Smothering of Innovation, William J. Watkins, Jr., calls attention to this problem and the challenges it poses to maintaining a robust rate of technological progress. After describing recent trends and efforts to "tame the trolls," Watkins focuses on ground zero in patent litigation--the Eastern District of Texas, where a combination of factors makes this the lawsuit venue of choice for strategically minded patent trolls. He also examines a more fundamental problem: an outmoded patent system that is wholly ill suited for the modern economy. Finally, he examines proposals for reforming the U.S. patent system, which was created to spur innovation but today is having the opposite effect. If legal reformers heed the analyses and proposals presented in this book, the prospects for crafting a legal environment that promotes innovation are favorable.

Patent Trolls

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property

Published: 2006

Total Pages: 76


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Of all the founding fathers, Thomas Jefferson had the most substantial direct experience with the issues surrounding intellectual property rights and their impact on creativity, invention, and innovation. In our own digital age, in which IP has again become the object of intense debate, his voice remains one of the most vital in American history on this crucial subject. Jefferson lived in a time of immense change, when inventions and other creative works impacted the world profoundly. In this atmosphere it became clear that the developers of creative works and the users of those works often have competing interests. Jefferson appreciated as well as anyone that the originators of ideas needed legal protection. He also knew that innovation was crucial for a nation’s economic prosperity as well as its political health, and that rights should not become barriers. Jefferson was in a unique position to understand the issues of intellectual property rights. His pronouncements on these issues were those not of a scholar but, rather, of a practitioner. As a scientist, author, and inventor, he was a prolific creator. He was also a tireless consumer of others’ works. As America’s first patent commissioner, he decided which ideas merited protection and effectively created the patent review process. Jeffrey Matsuura profiles Jefferson’s diverse and substantial experience with these issues and discusses the lessons Jefferson’s efforts offer us today, as we grapple with many of the same challenges of balancing IP rights against an effort to foster creativity and innovation. Without inserting Jefferson anachronistically into the current debate, Matsuura does not shy away from positing where in the spectrum of opinion Jefferson’s ideas lie. For lawyers, legal and technology historians, and entrepreneurs, Matsuura offers a fresh, historically informed perspective on a current issue of major importance.
Introduction to Intellectual Property provides a clear, effective introduction to patents, copyright, trademarks, and trade secrets. The text may be used by students and instructors in formal courses, as well as those applying intellectual property considerations to entrepreneurship, marketing, law, computer science, engineering, design, or other fields. The luminaries involved with this project represent the forefront of knowledge and experience, and the material offers considerable examples and scenarios, as well as exercises and references.
A new breed of companies has emerged, and they are being called patent trolls. A patent troll is a person or entity who acquires ownership of a patent without the intention of actually using it to produce a product. Instead, it licenses the technology to an entity that will incorporate the patent into a product, or it sues an entity it believes has already incorporated the technology in a product without permission. The government, corporate America, and the media are fervently acting against these trolls. New proposed legislation, a blizzard of Supreme Court cases involving trolls, and endless newspaper and magazine articles are all trumpeting the same story line: Patent trolls are bad for society and must be stopped. This article suggests that patent trolls are actually good for the patent system. Patent trolls are more accurately described as patent dealers because they act as market intermediaries in the patent market. Once the activities of patent dealers are isolated from other distinct problems that have been identified with the patent system, specifically the issuance of poor quality patents and the problem of the patent thickets, it becomes clear that the emergence of patent dealers marks a stage in the natural evolution of the patent market. Patent dealers make the patent market more efficient by realigning market participant incentives, making patents more liquid, and clearing the patent market. The article concludes by rebutting the common complaints that patent trolls stunt innovation and spur unnecessary litigation.
Patent assertion entities (commonly known as 'patent trolls') hurt competition and innovation. This book, the first to analyze the most salient issues related to patent assertion entities around the world, integrates economic theory with economic and legal reality to examine how the entities function and their impact on competition. It also offers legal and policy solutions that might be used to combat them. Edited by D. Daniel Sokol, the volume collects chapters from an array of leading scholars who describe patent assertion entities in the United States, Europe, Korea, Taiwan, Japan, and China, while offering empirical accounts of the entities' economic consequences and their use of litigation as a means of legal extortion against many of the most innovative companies in the world, from startups to multinationals. It should be read by anyone interested in how patent assertion entities operate and how they might be stopped.