Despite Good Intentions, IPR Clashes With Hatch-Waxman

By Anthony Caso (October 27, 2017, 3:05 PM EDT) -- Sometimes, actions with even the best of intentions can end up making new, more serious problems. Take for example the way Congress decided to "fix" the problem of "patent trolls." A "patent troll" is a person or company that owns a patent but does not actually produce anything. They use these sometimes vague or questionable patents to extract tolls (license fees) from companies that already have products on the market. The argument is that the product somehow infringes on the patent held by the "troll." It is often cheaper for the company to pay the demanded license fee rather than risk litigation over a product already on the market. More than two-thirds of the increased patent litigation since 2010 is filed by companies that do not actually produce anything....

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