Some Observations on the Patent Troll Litigation Problem

摘要

The patent troll litigation problem is to a large extent, the result of the failure to vigorously apply existing procedural and substantive law. Drastic remedies are not yet necessary expressly because the extent of the problem has not been established. Requiring compliance with procedural and substantive law at every stage of litigation will deter frivolous cases, end bad cases quickly, and reduce the cost to defendants. Reducing defendants' cost of defense also will reduce settlements coerced by the high cost of litigation and current inability to end cases early.