From the Hill

States Go After Patent Trolls—How Far Can They Go?

Hayden W. Gregory

©2014. Published in Landslide, Vol. 6, No. 6, July/August 2014, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

In the May/June issue, this column continued its series of discussions concerning efforts to develop legal mechanisms and strategies to combat abusive practices in patent infringement enforcement by so-called patent “trolls,” also known as “non-practicing entities” (NPEs) and “patent assertion entities” (PAEs). The discussion then focused on the utilization of “bad faith demand letters” by PAEs as a technique to extract or extort unjustified settlements from parties alleged to be infringing a patent.

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