Courts Hold The Keys To Curbing NPE Litigation

Law360, New York (June 7, 2013, 12:09 PM EDT) -- On June 4, President Obama announced several executive orders and suggested legislative proposals intended “to protect innovators from frivolous litigation” by so-called nonpracticing entities or “patent trolls”: (1) making “real party-in-interest” the new default, (2) tightening functional claiming, (3) empowering downstream users, (4) expanding dedicated outreach and study, and (5) strengthening the enforcement process of exclusion orders.

These proposed measures arrive on the heels of several bills already proposed on Capitol Hill having the same objective. These bills include provisions for: (1) permitting more discretion in...
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