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ARTICLE · 10 APRIL 2014

Is More Patent Reform Necessary?

Rothwell, Figg, Ernst & Manbeck, P.C.
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With high profile battles between electronics giants like Apple® and Samsung®, patent related stories have become common place in the American news cycle.

United StatesIntellectual Property

With high profile battles between electronics giants like Apple® and Samsung®, patent related stories have become common place in the American news cycle. And when President Obama mentioned patent reform in his latest State of the Union Address in January, many patent practitioners felt an uncomfortable pride in our industry. Patents are relevant, but is it for the wrong reason?

During the State of the Union Address, President Obama spoke exactly one sentence on Patent Reform:

"And let's pass a Patent Reform Bill that allows our businesses to stay focused on innovation, not costly, needless litigation."

Many Americans might not have noticed the reference and those that did, may not have understood it. Most practitioners immediately recognized this as a shot at "patent troll" litigation. "Trolls," also known as "non-practicing entities" (NPE), or more preferably, "patent assertion entities" (PAE), were the target of a June 2013 White House Report addressing the

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