PAEs and IP Groups Urge Narrower FTC Patent Assertion Study

摘要

The scope of the FTC’s proposed study of patent assertion entities is “far broader than necessaryrnto serve the proper performance of the functions of the FTC,” said InterDigital in a filing to the FTC releasedrnWednesday (http://1.usa.gov/1ho7tkd). The FTC voted in September to begin exploring a proposed PAE study, which it would launch using its authority under Section 6(b) of the FTC Act (CD Septrn30 p15). InterDigital said it doesn't believe it's a PAE as the FTC defined it in its study proposal, thoughrnmany of the company’s critics have defined it as one. The FTC defined PAEs as “firms with a businessrnmodel based primarily on purchasing patents and then attempting to generate revenue" by asserting theirrnintellectual property rights "against persons who are already practicing the patented technologies.” Intellectualrnproperty groups and other companies often defined as PAEs also expressed significant concernsrnwith the proposed study.