Santa Clara Law Professor Colleen Chien recently wrote an interesting article on Patently-O discussing some key patent troll statistics in light of President Obama’s troll comments and the new SHIELD Act. Here are some of the key takeaways for retailers:
Retailers have been generally excited about the loser pays system the proposed SHIELD Act would create for trolls. But a recent iam blog discussing comments from Patent Freedom suggests the SHIELD Act may not have the impact many retailers expect. According to Patent Freedom:
75% of trolls are asserting only patents originally assigned to them
The SHIELD Act — Saving High-Tech Innovators from Egregious Legal Disputes — is back. The SHIELD Act was originally introduced in the last Congress and would have awarded costs, including reasonable attorney’s fees, to a prevailing defendant when, upon completion of the case, a Court held that the patentholder’s case had not had a reasonable
Meaningful patent troll reform may finally be on the horizon. Last year retailers across the country had high hopes for patent reform. Unfortunately, the version of the America Invents Act that was signed into law by President Obama in September 2011 offered little or no help in stopping or even significantly slowing patent trolls. But
