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Return to [[Innovation Policy#Patent Reform|Patent Reform]]
'''H.R.2045: Targeting Rogue and Opaque Letters (TROL) Act (2015)'''
===Dissenting===
*A reply to the letter written by 51 scholars in support of restricting patent litigation states that studies claiming large problems with patent litigation misconstrue the issues. Adam Mossoff is one of the co-authors for the reply letter. [http://cpip.gmu.edu/wp-content/uploads/2015/03/Economists-Law-Profs-Letter-re-Patent-Reform.pdf][http://patentlyo.com/patent/2015/03/professor-patent-reform.html]
*The Electronic Frontier Foundation (EFF) has stated that TROL act does not do enough in regard to patent reform for reasons listed below:
==Demand Letters==
Quantifying the number of demand letters may feel like a Sisyphean task. The nature of demand letters creates a private relationship between a Patent Assertion Entity (PAE) or a law firm representing them and the company that allegedly infringed on a patent. These letters are mailed directly to the alleged infringer, and do not fall under a required part of discovery in the event of a lawsuit. Letters may warn or threaten a lawsuit from the PAE, but are not legally binding documents. Although the official number of demand letters related to patent infringements does not exist, several online resources host example of demand letters.
*[https://trollingeffects.org Trolling Effects]
===Costs to Economy===
Bessen & Meurer (2012) estimate that patent asserting entitites non-practicing entities have accrued $29 million of direct costs to businesses during 2011.[http://www.pcworld.com/article/258395/patent_trolls_cost_tech_companies_29_billion_last_year_study_says.html][http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2091210##] "The authors used a database of 1,630 patent troll lawsuits compiled by Patent Freedom. Because many of the lawsuits had multiple defendants, there was a total of 4,114 plaintiff-defendant pairs. The median defendant over all of these pairs lost $20.4 million in market capitalization, while the mean loss was $122 million."[http://arstechnica.com/tech-policy/2011/09/study-patent-trolls-have-cost-innovators-half-a-trillion-bucks/] The two Boston University faculty members have also published a book, ''Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk'' [http://www.amazon.com/Patent-Failure-Bureaucrats-Lawyers-Innovators/dp/069113491X/arstech-20], where they claim patent trolls "cost publicly traded defendants $500 billion since 1990."[http://arstechnica.com/tech-policy/2011/09/study-patent-trolls-have-cost-innovators-half-a-trillion-bucks/]
==MPHJ Technology Investments, LLC==
One of the biggest motivations behind the TROL Act is the 2014 Federal Trade Commission investigation into MPHJ Technology Investments, LLC (MPHJ). The investigation revealed that MPHJ had sent demand letters to "16,465 small businesses located in all fifty states and the District of Columbia."[https://www.ftc.gov/system/files/documents/cases/150317mphjtechcmpt.pdf]
 
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[[Public Classification::Legislation| ]]
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