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The Truth Behind Patent Trolls Issue Brief (view source)
Revision as of 18:10, 23 March 2016
, 18:10, 23 March 2016no edit summary
==Are Patent Trolls Really that Big of a Problem? + Why Stricter Demand Letter Requirements Isn't the Solution==
There's no doubt that patent trolls exist. eDekka, widely considered one of the top patent trolls, sued 101 companies in 2015, 55% of which are considered small businesses under SBA regulations ('''Endnote: eDekka considered top patent troll by Unified, and the percentage is based on the 92 companies we could find information on and classify'''). There are without a doubt many more companies that eDekka sent threatening demand letters to, companies that decided to settle instead of bringing the case to court. Compare this to '''find data for another company that is definitely not a patent troll, perhaps Apple?'''. As of December 2015, eDekka had sued over 200 companies for infringing upon the US Patent no. 6,266,674 "Random Access Information Retrieval Utilizing User-Defined Labels". 168 of these cases were later thrown out by US District Judge Rodney Gilstrap, who wrote that the "strikingly similar lawsuits" demonstrate "an aggressive strategy that avoids testing its case on the merits and instead aims for early settlements falling at or below the cost of defense" [http://arstechnica.com/tech-policy/2015/12/in-a-first-east-texas-judge-hits-patent-troll-with-attorneys-fees/].
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 advancements and the application of patent claims to these 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. The proposed reforms against demand letters by the Innovation act are too broad; they have the potential to stifle innovation. Patent owners acting in good faith would not be able to legitimately enforce their patent rights, creating an ineffective patent system and reducing the incentives for innovation.
==Recommendations on Curbing Patent Troll Activity==
*have courts be more consistent on their rulings and procedures (so not everyone goes to E.D. Texas)
