Home > Arguendo > Keeping Non-Practicing Entities out of the Courtroom: Amending the Innovation Act to More Effectively Address the Abuse of the Patent Infringement Claim

Keeping Non-Practicing Entities out of the Courtroom: Amending the Innovation Act to More Effectively Address the Abuse of the Patent Infringement Claim

Adam Bofill · September 2017
85 Geo. Wash. L. Rev. Arguendo 116

There has been a growing abuse of patent infringement litigation by nonpracticing entities (“NPEs”), or “patent trolls.” NPEs normally purchase patents in bulk from distressed or bankrupted technology companies and force other businesses and individuals who are allegedly infringing on those patents into high-priced licensing agreements, settlements, or litigation. To address this problem (and other problems in the U.S. patent system) the 114th Congress previously considered patent reform legislation, namely, the Innovation Act (H.R. 9), which was specifically aimed at thwarting NPEs. This Note argues that this legislation was not a sufficient reform, however, because it would not effectively prevent NPEs from suing and would negatively impact legitimate plaintiffs. Instead, Congress must take a more drastic stance against NPEs in the 115th Congress and reintroduce an amended version of the Innovation Act that rids the patent law system of this growing problem.

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