Sunday, March 29, 2015

Curbing Patent Trolling


Take a look at THIS article as my reference :) 

Recap of this Business Model: 
  1. A litigation process that is very costly for the defendants 
  2. Patents that are overly broad or vague so that they can be interpreted to cover commonly used technologies (NOTE: Given cost, many defendants are just willing to pay the troll so they can avoid the lawsuit) 

Supreme Court Help: 
  • Defendant can recover legal costs if the judge sees plaintiff’s suit as frivolous 
  • Made it easier to challenge validity of vague patents 
  • Ex: Alice Corp v. CLS Bank 
    • Case about patents on existing business method on a computer 
    • Ruling: “doing it on a computer” wasn’t patentable 

Effect: 
  • Declining lawsuits, notable drop after the ruling of the Alice court case 
  • There are still more lawsuits that there were two decades ago

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