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ARTICLE · 22 FEBRUARY 2018

Trolls Spread Over Europe – Take Them Out!

According to a recent study, the number of patent litigation cases in Europe initiated by so called non practicing entities (NPEs) has significantly risen over the past years.

European UnionIntellectual Property

According to a recent study, the number of patent litigation cases in Europe initiated by so called non practicing entities (NPEs) has significantly risen over the past years.

The study "NPE Litigation in the European Union: Facts and Figures" (by Darts-IP) outlines that the average annual growth rate of actions related to NPEs between 2007 and 2017 was as high as 19%. More specifically, the number of Patent Litigation cases brought by NPEs, sometimes in a friendlier way referred to as patent assertion entities, and sometimes in a less friendly way referred to as "trolls", was 56 back in the year 2007 and reached 173 in the year 2017.

Furthermore, according to the study, patents being asserted or owned by NPEs in Europe are more often successfully invalidated than those patents being asserted or owned by non NPEs. The study also shows that Germany is oftentimes the battleground for such litigation. Here, a defendant in a patent infringement case cannot bring a

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