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The Truth Behind Patent Trolls Issue Brief (view source)
Revision as of 16:42, 20 April 2016
, 16:42, 20 April 2016no edit summary
Congress last passed comprehensive patent reform only five years ago, in 2011, and the unintended consequences from those changes are still appearing. [https://www.congress.gov/bill/114th-congress/senate-bill/632/text#toc-id645863c82106422dbabf0358ad52716d] Without carefully analyzing the potential effects of broad reform, Congress should not rush to combat the small amount of abusive litigation activity with sweeping changes that negatively affect everyone.
==Comment/Notes==
General notes:*have courts Statistics and facts should be drawn less from case studies*Take a look at the top 10 patent trolls identified by Unified Patents, quick look at whether they are patent trolls*Estimate of how many more consistent patent trolls there are?*Read Jim Besson’s paper (Albert is writing a lit review on it)*Look at literature on trolls What is a Patent Troll section:*First statistical fact is a case study fact. “MPHJ sent demand letters to more than 16,000 small businesses, each letter demanding license fees of at least $1000 per worker”. Less case study ish, more data Why PAEs are good for Innovation and Small Businesses:*“Most small and medium-sized businesses are unable to afford the costs associated with patent litigation and are prevented from commercializing or licensing over 95 percent of current active patents” is not from a reliable cited source sources that show legal fees for patent litigation is 20,000. get real article. what are the costs associated? mean revenue of small business is this, cost of prosecuting patent infringement lawsuit is estimated at this…, therefore… “Therefore, many smaller-sized businesses rely on patent assertion entities to protect their rulings patents and defend against expensive litigation.” not true. many small businesses don’t own patents. “patent assertion entities can help match patent holders to patent buyers and transfer ideas and procedures (so technology from inventors to manufacturers effectively.” not everyone goes true. they sue people who have infringed on the patent. patent auctions match people. US census bureau fact. 90% of small businesses have under 20 employeesShow small businesses cannot afford this amount of money. SBA fact is wrong. My Sectionsystematic number, number of demand letters by FTC, instead of case study. “appears to Ebe, could be, might be” intellectual ventures legitimate patent monetization firm.DDescribe it, buys and develops own patented technologies. Texas)*more specific regulation Two problems with this. People x claim that targets the increase in patent owners acting in bad faithlitigation is …there is no evidence to support this. (check there is no evidence) *innovation act not right, STRONG patents act betterDo we need to empower the FTC?MPHJ – case study don’t have market for ideas but we’d like itpoisoning it with demand letter litigation
