Patent trolls are inevitable.
Talar Sahagian 22, Montclair State University, May 2022, “Can Patent T atent Trolls be St olls be Stopped Without Inter opped Without Interfering with an ering with an Individual’s Property Rights?”, https://digitalcommons.montclair.edu/cgi/viewcontent.cgi?article=2040&context=etd, kcab
Conclusion Patent trolls pose a threat to innovation. It is difficult to enact legislation that prevents the trolls from attacking these patent holders without simultaneously limiting an individual or property rights. Being a patent holder should not be impaired at the mere cost to prevent trolls from making a profit off of a patent which they have no intention of practicing. Reform limiting the actions of trolls comes from the AIA Act, SHIELD Act, PLI Act and prior 158 Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct. 1749, 1756 (2014). 159 Id at 1756. 160 W. Keith Robinson, Attorney Fees and Deterring Lewis & Clark Law Review, Vol. 20:1., at 292. 161 eEltech Sys. Corp. v. PPG Indus., Inc., 903 F.2d 805, 810 (Fed. Cir. 1990). 162 Loctite Corp v. Fel-Pro, Inc., 667 F.2d 577, 584-85 (7th Cir. 1981). 163 Bianco v. Globus Med., Inc., No. 2:12-CV-00147-WCB, 2014 WL 1904228, at *2-3 (E.D. Tex. May 12, 2014). 39 cases which have been decided by the court. Each case plays a critical role in limiting parts of the patent litigation process which makes it more difficult for trolls to file frivolous lawsuits for a financial gain. In an effort to preserve the property rights of patent holders it is therefore critical for further reform to be implemented. The prospective pieces of legislation should be precise to ensure that their purpose is to limit trolls from flooding the patent litigation system and to continue to preserve a patent property right. Without a patent system, there is less economic incentive to invent and innovation would come to a standstill. The preservation of innovation must remain paramount when thinking of prospective avenues of reform when it comes to patents and patent trolls. Therefore, it would be impossible to remove the threat of patent trolls from the patent litigation system without jeopardizing an rights to their own innovation.
The trends post AIA Act-era have demonstrated that even with reform, it is difficult to slow down patent trolls and keep them out of the litigation system. There are various external factors such as emerging innovation by way of the infinite pockets of technology, as well as the low risk of which makes it difficult to stop these patent trolls without conservative reform. However, at what cost to an American citizen do these restrictions come? It would be unconstitutional to take away an property right for the sole purpose of stopping patent trolls. Patent trolling is a biased practice perpetuated by people who exploit legal operation for personal financial gain. The major obstacle at the legislative level is the lack of substantial examination when issuing patents. Ensuring that an application aligns with all the requirements, including paying for patent receipts, will reduce the number of patent trolls flooding the litigation system. Although prospective reform is a solution to limiting patent trolls, further research will be required to determine the efficacy of potential reform.