FTC Study On Patent Assertion Entities Is Incomplete

By Justin Daniels, Burford Capital LLC (November 18, 2016, 9:15 AM EST) -- The Federal Trade Commission recently released its study on the activities of patent assertion entities in the United States. When it first announced the study in September 2013, the FTC said its goal was to "Examine Patent Assertion Entities and Their Impact on Innovation [and] Competition." Clearly that goal is important, but unfortunately it was not even close to achieved. In fact, the FTC's lack of answers on the questions going to those core issues, and its resulting inability to draw conclusions about the effect of PAEs, only proves the point that one size does not fit all — and that any attempt to use the study to advance a legislative or regulatory agenda against PAEs is reckless and ill-advised....

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