MoFo News Item

Patent Troll Legislation

09 May 2014
Non-practicing entities — more commonly known as “patent trolls” — have grown increasingly audacious in their behavior, prompting the federal government to consider patent reform legislation that would contain their actions. 

The U.S. House of Representatives passed a patent reform bill by a large margin in December, and the Senate has been considering its own version of a reform bill since November. 

In January, President Barack Obama urged passage of a bill that would reduce so-called “needless litigation,” and the White House has subsequently announced further executive actions. 

Scott Llewellyn, deputy chair of Morrison & Foerster’s IP Litigation Practice, notes in the spring/summer issue of MoFo Tech that, regardless of whether any bill reaches the president’s desk, this “sea change of opinion” could have a big impact on patent infringement cases by “potentially changing how judges and juries look at these issues.”

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