Patent trolls, alternatively known as non-practising entities
(NPEs) or patent monetizers, have been dominating
discussion relating to patent reform for quite some time. For
example, the White House, the FTC, Congress, individual U.S. states and the U.S. Patent and
Trademark Office have each conducted their own investigations and
proposed guidelines and legislation aimed at curbing the threats
posed by patent monetizers to businesses and consumers.
All this attention is not without good reason. Over the last 12
years, median damage awards in litigation for NPEs in the U.S. have
significantly outpaced those of practicing entities. A 2013 study conducted by PWC shows the
continuation of a trend that started in 2001: a wide premium
(almost double in the last 12 years) in the damages awarded to NPEs
compared to those awarded to practicing entities. Studies
have also shown that litigation in the patent space is increasingly
a result of companies that do not develop,
