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Not blaming anyone. Be open about the fact that we don’t know how many suits are being brought by patent suits. We can do ‘according to’. Don’t sell reader on truth of facts, sell them on the overall picture. No hard statements (patent trolls are bad).
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Definitions:
Don't want a definitional piece.
Need a definition of a patent troll - grounded in basic normative economic theory.
Artifacts - Include Tables, Graphs
Tables of PAE findings
Problem: Arbitrary chosen PAEs from a third party.
Framework -
Legislation - What congressional bills are considered by Congress currently.
Bad Faith -
Patents are bad - The patents are not novel, non-obvious. "Prior Art" repository
People know the patents are bad, but they still assert it.
Sue everyone that walks, because you don't know exactly who will infringe.
Demand Letters - 4/5 pieces of legislation.
What do patent trolls do?
Difference b/w patent troll and mid-market intermediary: patent troll sends out bad faith demand letters.
Protection against bad faith demand letters are in place, but not sufficient.
Don't want to ban demand letters in general.
Describe current situation of the problem regarding the market for innovation: Either you pay license fee for a patent, or take a chance on being sued and then pay a fraction of the total damages. That fraction is roughly the equivalent of the license fee.
Evidence of the system taking care of bad faith demand letters.
List of Artifacts.
1. Choice Architecture for potential patent infringer
2. State of patent litigation throughout the past 6 years
3. Graphic of what makes a bad faith demand letter/ good faith demand letter (e.g. like scam e-mails)
4. Graph of Patent Filings vs Lawsuits (is there a strong correlation between demand letters and lawsuits?)
5. Sectors where patent litigation/demand letters occur the most. E.x.. software industry is high on infringement, but pharma is low.
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