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The Truth Behind Patent Trolls Issue Brief (view source)
Revision as of 17:26, 23 March 2016
, 17:26, 23 March 2016→Are Patent Trolls Really that Big of a Problem? + Why Stricter Demand Letter Requirements Isn't the Solution
Supporters of current legislation against patent trolls claim that the huge increase in patent litigation cases proves that patent trolls, just like eDekka, are increasing in number and prevalence. Many of them point to stricter demand letter requirements as the solution. The Innovation Act that is currently under consideration in the House demands that any claims of patent infringement must be accompanied by a very specific initial complaint letter, including information such as the name, exact model number, and description of each alleged infringement.
There are two problems with this. First, the increase in patent litigation cannot be attributed to an increase in patent trolls. Patent litigation is increasing, but only because of the uncertain nature of technological developments advancements and how the application of patent claims apply to thatthese new developments. Patent litigation surges are consistent with major shifts in technological developments. When patent filings and lawsuits are graphed together, both lines have an obviously positive slope, and generally move in tandem. There has been an increase in lawsuits, but it is proportional to the increased filings. '''(Show the graph)''' Thus, patent trolls exist but their prevalence has been greatly exaggerated by the media.
Second, stringent demand letter requirements are not an efficient solution to curbing patent trolls.
