Patent Assertion Litigation & the Patent ''Trolls'' Debate

Buch | Hardcover

159 Seiten

2013
Nova Science Publishers Inc (Verlag)
978-1-62948-373-3 (ISBN)

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Congress has recently demonstrated significant ongoing interest in litigation by "patent assertion entities" (PAEs), which are colloquially known as "patent trolls" and sometimes referred to as "non-practising entities" (NPEs). The PAE business model focuses not on developing or commercialising patented inventions but on buying and asserting patents, often against firms that have already begun using the claimed technology after developing it independently, unaware of the PAE patent. PAEs include not only free-standing businesses but patent holding subsidiaries, affiliates, and shells of operating companies that want to participate in the PAE industry and/or a new means of countering competitors. The proliferation of PAEs was among the central factors raised in support of the most recent patent reform legislation, the Leahy-Smith America Invents Act of 2011 (AIA). However, the AIA contains relatively few provisions that arguably might impact PAEs, apparently because of lively debate over what, if anything, should be done about them. In the 113th Congress, the Saving High-Tech Innovators from Egregious Legal Disputes (SHIELD) Act of 2013 (H.R. 845) has been introduced in an effort to affect the number of lawsuits filed by PAEs. This book reviews the current debate and controversy surrounding PAEs and their effect on innovation, examines the reasons for the rise in PAE litigation, and explores the legislative options available to Congress if it decides that these are issues that should be addressed.

Preface; An Overview of the "Patent Trolls" Debate; Intellectual Property: Assessing Factors That Affect Patent Infringement Litigation Could Help Improve Patent Quality; The Supreme Court Decision in Microsoft v. i4i: Implications for Innovation Policy; Statement of Mark Chandler, Senior Vice President & General Counsel, Cisco Systems, Inc Hearing on "Abusive Patent Litigation: The Impact on American Innovation & Jobs, & Potential Solutions"; Testimony of Janet L Dhillon, Executive Vice President, General Counsel & Corporate Secretary, J C Penny, Inc Hearing on "Abusive Patent Litigation: The Impact on American Innovation & Jobs, & Potential Solutions"; Statement of John Boswell, Senior Vice President & General Counsel, SAS, Inc. Hearing on "Abusive Patent Litigation: The Impact on American Innovation & Jobs, & Potential Solutions"; Testimony of C Graham Gerst, Partner, Global IP Law Group, LLC. Hearing on "Abusive Patent Litigation: The Impact on American Innovation & Jobs, & Potential Solutions"; Statement of Philip S Johnson, Chief Intellectual Property Counsel, Johnson & Johnson. Hearing on "Abusive Patent Litigation: The Impact on American Innovation & Jobs, & Potential Solutions"; Testimony of Dana Rao, Vice President & Associate General Counsel for Intellectual Property & Litigation, Adobe Systems Inc Hearing on "Abusive Patent Litigation: The Impact on American Innovation & Jobs, & Potential Solutions"; Index.

Verlagsort	New York
Sprache	englisch
Maße	155 x 230 mm
Gewicht	394 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Wirtschaftsrecht ► Urheberrecht
ISBN-10	1-62948-373-7 / 1629483737
ISBN-13	978-1-62948-373-3 / 9781629483733
Zustand	Neuware