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Articles 1 - 6 of 6
Full-Text Articles in Law
Pay The Troll Toll: The Patent Troll Model Is Fundamentally At Odds With The Patent System's Goal Of Innovation And Competition, Grace Heinecke
Pay The Troll Toll: The Patent Troll Model Is Fundamentally At Odds With The Patent System's Goal Of Innovation And Competition, Grace Heinecke
Fordham Law Review
Patent litigation has multiplied sixfold since the 1980s, with the last few years seeing an unprecedented number of patent lawsuits. When an inventor receives a patent, the U.S. Constitution grants him a monopoly for a limited number of years to reward him for his investment of time and resources and to incentivize him to continue innovating, which ultimately benefits society. However, the emergence of a litigious character, deemed the “patent troll,” has led to the patent system’s hindrance of innovation, a result that is at odds with the primary goal of patent law. Patent trolls exploit weaknesses in the patent …
Patent Trolls And Preemption, Paul Gugliuzza
Patent Trolls And Preemption, Paul Gugliuzza
Faculty Scholarship
Patent law is usually thought to be the domain of the federal government, not state governments. Yet over half the states have recently passed statutes outlawing unfair or deceptive assertions of patent infringement. The statutes are aimed at fighting so-called patent trolls, particularly those who send letters to users of allegedly infringing technology — as opposed to the manufacturers of that technology — demanding that each user purchase a license for a few thousand dollars or else face an infringement suit. The Federal Circuit, however, has held that state law claims challenging acts of patent enforcement are preempted by the …
Defeating Trolls: The Impact Of Octane And Highmark On Patent Trolls, Aria Soroudi
Defeating Trolls: The Impact Of Octane And Highmark On Patent Trolls, Aria Soroudi
Loyola of Los Angeles Entertainment Law Review
This Comment discusses two Supreme Court cases, Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark, Inc. v. Allcare Health Management Systems, Inc., and their impact on patent litigation involving patent trolls. Prior to these cases, patent troll litigation was on a continual rise and Congress’s proposed measures were failing to curb the problem. Many companies, particularly startups, were left vulnerable to a patent troll threat because they could not afford the potential court costs to defend their case. This problem was compounded by the fact that traditional attorney fee shifting awards were extremely rigid and difficult to …
Here Come The Trade Secret Trolls, David S. Levine, Sharon K. Sandeen
Here Come The Trade Secret Trolls, David S. Levine, Sharon K. Sandeen
Washington and Lee Law Review Online
Within the past few years, the U.S. federal government has been forced to confront the massive but hard-to-quantify problem of foreign and state-sponsored cyberespionage against U.S. corporations, from Boeing to small technology start-ups, and (as of this writing) perhaps Sony Pictures Entertainment. As part of that effort, Congress has taken up the Defend Trade Secrets Act and the Trade Secret Protection Act, which would create a private cause of action under the federal Economic Espionage Act. This Article addresses the possibility of introducing trolling behavior—using litigation as a means to extract settlement payments from unsuspecting defendants—to trade secret law through …
Trolls Or Toll-Takers: Do Intellectual Property Non-Practicing Entities Add Value To Society?, Samuel F. Ernst
Trolls Or Toll-Takers: Do Intellectual Property Non-Practicing Entities Add Value To Society?, Samuel F. Ernst
Publications
The 2015 Chapman Law Review Symposium will seek to advance the discussion of non-practicing entities in three ways: (1) by expanding on the scholarly debate surrounding patent trolls summarized above; (2) by expanding on the perspectives informing this debate beyond academia by inviting the views of practitioners from both sides of the patent troll divide; and (3) by expanding on the scope of this topic by considering the nature and possibility of copyright and trademark trolls.
Patent Litigation Reform: The Courts, Congress, And The Federal Rules Of Civil Procedure, Paul Gugliuzza
Patent Litigation Reform: The Courts, Congress, And The Federal Rules Of Civil Procedure, Paul Gugliuzza
Faculty Scholarship
Barely three years after passing the America Invents Act, Congress is again considering patent reform legislation. At least fourteen patent reform bills were introduced in the recently concluded 113th Congress. Several of those bills focused specifically on patent litigation, proposing, among other things, to impose heightened pleading requirements on plaintiffs, to limit discovery, and to create a presumption that the losing party should pay the winner’s attorneys’ fees. None of the proposals became law, but one of the bills (the Innovation Act) passed the House of Representatives. In addition, scholars continue to call for reform, and Republican members of Congress …