Blackberries and Barnyards: Patent Trolls and the Perils of Innovation

Name: Blackberries and Barnyards: Patent Trolls and the Perils of Innovation
Cite: 82 NOTRE DAME L. REV. 1809
Year: 2007
Bluebook cite: Gerard N. Magliocca, Blackberries and Barnyards: Patent Trolls and the Perils of Innovation, 82 NOTRE DAME L. REV. 1809, 1811-13 (2007)
Author: Gerard N. Magliocca
URL: 82 NTDLR 1809
Item Type: article
Summary: The author examines the patent trolls of postbellum times (aka patent sharks) and their impact on agricultural products. He draws parallels to modern patent trolls, modern arguments reform, and lays out the characteristics of patents that are vulnerable to trolling. Finally, he concludes reviews the solutions/remedies addressed int he past to conclude "in sum, the failure of many thoughtful reforms during the nineteenth-century debate on patent sharks shows that a solution focused on altering substantive rights or remedies cannot succeed. Policymakers should instead
direct their efforts at an outright repeal or at administrative solutions that reduce the number of dormant patents and their ability to disrupt settled expectations."

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