Stop Looking Under The Bridge For Imaginary Creatures: A Comment Examining Who Really Deserves The T
Cite
17 Fed. Cir. B.J. 165
Year
2008
Bluebook cite
Marc Morgan, Stop Looking Under The Bridge For Imaginary Creatures: A Comment Examining Who Really Deserves The Title Patent Troll, 17 Fed. Cir. B.J. 165 ( 2008)
... Commonly, patent trolls are viewed as non-producing patent holders that enforce their patents. This perception of a patent troll must be changed because it unfairly gives a number of legitimate intellectual property businesses a bad name. ... Instead of hindering legitimate intellectual property businesses, the courts and legislature should focus on the main problem with patent litigation-- patent quality. ... Part II defends the legitimate activities of many non-producing intellectual businesses that fall under the common definition patent troll. ... Edison was not a bad-acting patent troll; instead he was a legitimate businessman and inventor who simply enforced the patents he owned. ... In the case, eBay argued that permanent injunction should be precluded even though it might be liable for damages to MercExchange. ... Why restrict a class of intellectual property business when the real concern for laws targeting patent trolls is a few bad actors? An actual standard already exists that differentiates between a practicing and a non-practicing patentee. ... The success of the United States patent system is due to policies that focus on fostering innovation. ... Because they encourage innovation, liquidity and market clearing, we must distinguish between legitimate intellectual property businesses from patent trolls. ...
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Wednesday 01 of July, 2009 19:41:06 GMT by Unknown
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Wednesday 01 of July, 2009 19:41:06 GMT by Unknown