Stop Looking Under The Bridge For Imaginary Creatures: A Comment Examining Who Really Deserves The T

Name

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)

Author

Marc Morgan

URL

17 Fed. Cir. B.J. 165

Item Type

article

Summary

... 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. ...

Excerpts and Summaries

Created

Wednesday 01 of July, 2009 19:41:06 GMT
by Unknown

LastModif

Wednesday 01 of July, 2009 19:41:06 GMT
by Unknown