Goldberg Addresses Proposed Patent Reform Legislation in Law360

Shook, Hardy & Bacon Public Policy Partner Phil Goldberg has authored an article titled “Senate Should Enact Meaningful Patent Troll Reform” appearing in the April 9, 2014, issue of Law360. The article explains how “shell businesses nicknamed ‘patent trolls’ game the system by purchasing dormant patents, waiting for others to independently develop comparable technology, and then accusing those other businesses of infringing on those patents.” These entities “often threaten claims against many innovators in an industry, offering settlements or ‘licensing fees’ for less than it would cost a company to defend its right to make, sell or use its product.” Noting how expensive these lawsuits can be to defend, Goldberg describes the salient features of a bill that the U.S. House “passed 325 to 91 in a rare show of broad bipartisan support” to curtail patent-litigation abuses while allowing legitimate claims to proceed. He concludes, “For those of us who believe in America’s civil litigation system, removing the patent troll stain is important for assuring the ability of a court to facilitate fair, accurate legal outcomes for those who need it.”