Members of Congress pushing legislation to combat patent trolls might be wasting their breath. A recent analysis of a series of archaic U.S. Supreme Court decisions has revealed that precedent already sets limits on intellectual property litigation that could stop trolls in their tracks.
Let’s back up. The motivation for patent assertion entities (aka trolls) to sue for patent infringement is mostly fiscal, according to Eric Bensen, an attorney and consultant on IP litigation. The Real Law editorial team at Lexis Nexis that interviewed Bensen reports that trolls are banking quite a bit, about $80 billion a year.
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