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ARTICLE · 05 MARCH 2014

Lawmakers Go Hunting for "Patent Trolls"

Oregon has now become the second state to take aim at non-practicing entities (NPEs), more colorfully called "patent trolls," with laws addressing patent enforcement.

United StatesAntitrust/Competition Law

Oregon has now become the second state to take aim at non-practicing entities (NPEs), more colorfully called "patent trolls," with laws addressing patent enforcement.  On February 25, 2014, the state attorney general announced that the legislature had passed a measure making it a violation of the Oregon Unlawful Trade Practices Act to send a demand letter that fails to identify the patent and the violation, or that insists the recipient make a licensing payment in an "unreasonably short" amount of time.

The Oregon law is only the latest, however, in a flurry of activity.  Vermont passed a similar measure last year and Nebraska is considering doing so now.  Also last year, the U.S. House of Representatives passed a bill designed to raise the stakes for NPEs that threaten or engage in patent litigation.  The House bill would force plaintiffs to include in complaints the identity of their parent companies and greater detail regarding the alleged infringement.  The bill

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