Monday, 10 June 2013 18:54


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The Obama administration has released a memo to Congress outlining several measures that would help curtail “patent trolling.”   The White House had no qualms about using the colloquial term “patent troll” to describe entities that – rather than researching or developing technology relative to their rights -- acquire patents solely to extract payments from alleged infringers. 

The suggested reforms are aimed at increasing transparency and providing defendants "better legal protection against liability."   A few recommendations worth noting include (1) requiring parties to disclose the "real-party-in-interest" in lawsuits and demand letters; (2) encouraging the publication of demand letters to make them accessible to the public; (3) protecting end users using "off-the-shelf" products; and (4) make it easier for a prevailing defendant to obtain an award of attorneys' fees in a patent infringement action.   The memo also recommends facilitating challenges to business method patents and restricting the circumstances under which the International Trade Commission (ITC) can issue injunctions.  

While it remains to be seen what legislative action will follow, the administration has – for the time being – approved the creation of a US Patent and Trademark Office (PTO) website informing patent troll victims about their rights and defenses.  For more information click here.

Read 2739 times Last modified on Thursday, 15 August 2013 18:45
Francisco Ferreiro

Mr. Ferreiro earned his bachelor’s degree with honors from the University of Florida. He earned his law degree with honors from the University of Florida Levin College of Law, where he also served as Research Editor for the Florida Law Review. He concentrates his practice in Trademark Prosecution, Intellectual Property Litigation, and Copyright Law. Mr. Ferreiro is admitted to practice law in Florida and New York state courts, as well as in the United States District Court for the Southern District of Florida and the United States Court of Appeals for the Eleventh Circuit.