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Stop Patent Troll Armageddon

Use Defensive Aggregators

By Erik Oliver and Kent Richardson

©2017. Published in Landslide, Vol. 9, No. 4, March/April 2017, 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.

No company looks forward to receiving a patent infringement threat or being sued; litigation is a costly and distracting part of being a products or services company, regardless of company size. Patent troll or nonpracticing entity (NPE) litigation is a relatively new and disproportionately expensive cost. We are often asked by our clients to help them figure out how to respond to NPE threats and litigations, both anticipated and actual. At least part of that solution exists with defensive aggregators, companies whose goal is to end or reduce NPE threats. Defensive aggregators are a cost-effective strategy for dealing with NPEs and one your management will want to learn about and discuss. Below is a brief primer on the subject.

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