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The Truth Behind Patent Trolls (view source)
Revision as of 17:03, 11 March 2016
, 17:03, 11 March 2016no edit summary
648 total cases, 519 in E.D. Tex. 80.09% of all patent litigation cases filed in 2015 were filed in E.D. Texas.
A patent infringement case can be filed in any of the US districts that have personal jurisdiction over the defendant, which include states or districts where the defendant's products are sold, regardless of whether or not an office exists in that location. [https://www.fenwick.com/FenwickDocuments/Legal_FAQ_Patent_Litigation.pdf (1)] The large number of cases filed in E.D. Texas could point to the favorable disposition of the court patent holders. See [[Eastern District of Texas]].
*Adam Mossoff specifically critiques aforementioned Unified Patents data for its broad definition of NPEs.[http://cpip.gmu.edu/2015/07/15/its-time-to-say-no-to-junk-science-in-the-patent-policy-debates/]
'''Hypothesis 4: Patent legislation should not be targeting the reform of demand letters'''
Recently proposed legislation includes changes to the form of demand letters. The Innovation Act in particular requires the party alleging patent infringement to include in the initial complaint:
*Identification of each patent allegedly infringed
*All claims (heart of the patent, defines the limits of exactly what the patent does) necessary to produce the identification of each process, machine, manufacture, or composition of matter (accused instrumentalities) that infringe the patent
*The name, model number, description of each AI
*How each limitation of each claim is met by the AI
*For indiret infringement, the acts of the infringer that are inducing a direct infringement
*Authority of the party to assert each patent
TL;DR If you believe your patent has been infringed on, you must write in your initial complaint letter VERY SPECIFIC information regarding exactly which parts of your patents have been violated and by what model/device.
If patent trolls are rampant, this measure could reduce the amount of demand letters they send out and the number of companies they accuse of infringement. However, patent holders that have a legitimate concern may find it hard to identify the exact make and model of the device(s) that infringe upon their patent, especially in the high-tech sector where products are less clearly defined.
'''Interesting facts that may deserve extra research'''
*Historically, the [[Eastern District of Texas]] is the top patent dispute venue. In 2015, 44% of all patent litigation was filed in E.D. Texas, most of which were assigned to Judge Rodney Gilstrap
