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Prof. Ryan T. Holte

2014

Patents

Articles 1 - 2 of 2

Full-Text Articles in Law

Trolls Or Great Inventors: Case Studies Of Patent Assertion Entities, Ryan Holte Nov 2014

Trolls Or Great Inventors: Case Studies Of Patent Assertion Entities, Ryan Holte

Prof. Ryan T. Holte

There has been much debate about the economic harms caused by patent infringement lawsuits filed by patent holders who do not make or sell products covered by their own patents—entities pejoratively referred to as “patent trolls.” This debate has thus far been largely theoretical or based on broad industry-wide data. The purpose of this article is to present a focused empirical report that has previously been lacking—detailed information regarding the inventors themselves, the patent assertion entities (PAEs) that represent them, and the stories behind their patents. The research for this article centers on two instructive case studies: (1) MercExchange, L.L.C., …


The Trespass Fallacy In The "Software Patent" Debate, Ryan Holte May 2014

The Trespass Fallacy In The "Software Patent" Debate, Ryan Holte

Prof. Ryan T. Holte

In The Trespass Fallacy in Patent Law, Professor Adam Mossoff details how patent law jurisprudence and scholarship is dominated by an indeterminacy critique or “trespass fallacy” in two respects. Professor Mossoff’s essay, however, only briefly mentions the now paramount contemporary issue surrounding the more-focused “software patent” debate. In this short essay, I briefly discuss Professor Mossoff’s trespass fallacy analysis as it relates to “software patents” and the Supreme Court’s October 2013 Term case Alice Corp. Pty. Ltd. v. CLS Bank Int’l.