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Bad Faith Assertion Legislation: Troll Solution or More Headaches for Defendants?

Ury Fischer and Noah H. Rashkind

©2016. Published in Landslide, Vol. 8, No. 5, May/June 2016, 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.

Over the last several years, legislation aimed at thwarting “patent troll” activity has been introduced in Congress. Continued legislative activity in Congress makes it clear that the problem is real and that businesses are in search of a solution. Despite this burst of congressional activity, patent trolls are unabated and continue to be a thorn in the side of the U.S. economy.

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