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Patent Assertion Litigation & the Patent ''Trolls'' Debate (Hardcover)
Loot Price: R3,199
Discovery Miles 31 990
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Patent Assertion Litigation & the Patent ''Trolls'' Debate (Hardcover)
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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.
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