tag:blogger.com,1999:blog-1949935810569534550.post6739752882396455987..comments2023-08-17T14:09:24.945+01:00Comments on PatLit: the patent litigation weblog: Patent trolls in Europe: a burning issue right now?Unknownnoreply@blogger.comBlogger9125tag:blogger.com,1999:blog-1949935810569534550.post-27294030824360107122014-05-25T10:59:20.467+01:002014-05-25T10:59:20.467+01:00Do not forget that in some EU countries and France...Do not forget that in some EU countries and France is one of them the losing party may have to pay the costs of the winning party . Those costs are never the full costs borne by the winning party but may be substantial ( from a French point of view).<br /><br />This is also one of the reason why patent troll were not as active in Europe as in the US.<br /><br />The recent decision of the US Supreme Court on costs may change the landscape for the patent troll in the US.Richard MILCHIORnoreply@blogger.comtag:blogger.com,1999:blog-1949935810569534550.post-70366321420783605612014-05-23T14:46:40.487+01:002014-05-23T14:46:40.487+01:00I think your observation is correct, for now. Ther...I think your observation is correct, for now. There are several factors that make the PAE model less efficient in Europe. The fragmented markets and court are a primary factor. However, the Unified Patent Court, coming in 2015, will remove this factor. I think the PAE model will become more prevalent in Europe generally. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1949935810569534550.post-76563506613251207952014-05-22T18:23:23.757+01:002014-05-22T18:23:23.757+01:00I believe it's just the tremendous costs of li...I believe it's just the tremendous costs of litigation, coupled with high awards and complete uncertainty of outcome which exacerbates the problem in the United States. Given that judges can now be expected to bend over backwards to punish perceived ip exploiters, I expect there will be a reduction of use of this business model. Elyhttps://www.blogger.com/profile/09534703005832910700noreply@blogger.comtag:blogger.com,1999:blog-1949935810569534550.post-16412183506360993592014-05-22T16:41:19.552+01:002014-05-22T16:41:19.552+01:00This is a bit old now, but you might find it usefu...This is a bit old now, but you might find it useful: http://www.lse.ac.uk/collections/law/wps/WPS2012-13_Mcdonagh.pdfSuleman Alihttps://www.blogger.com/profile/18171832789491858471noreply@blogger.comtag:blogger.com,1999:blog-1949935810569534550.post-47661659506027867452014-05-22T16:26:02.832+01:002014-05-22T16:26:02.832+01:00I suspect that triple damages for willful infringe...I suspect that triple damages for willful infringement and the uncertainty of trial by jury also play a role in the reluctance of companies to challenge NPEs in the US. In any case, the solutions proposed so far are perhaps the wrong way of tackling the problem. A patent is just a form of property. Few would suggest that a landowner not making use of a plot of land should be prevented from stopping others from trespassing on it. More rigorous examination and cheaper/easier ways to seek revocation of invalid patents would perhaps prove better at curbing the problem.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1949935810569534550.post-77845444351975700932014-05-22T15:51:32.639+01:002014-05-22T15:51:32.639+01:00Thanks so much for this link, Ron. Presumably it&#...Thanks so much for this link, Ron. Presumably it's the solution, rather than the problem, that has gone away in the U.S.Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.comtag:blogger.com,1999:blog-1949935810569534550.post-38210845342819824652014-05-22T15:48:11.924+01:002014-05-22T15:48:11.924+01:00the timing of this post was interesting given this...the timing of this post was interesting given this development: http://www.nytimes.com/2014/05/22/business/legislation-to-protect-against-patent-trolls-is-shelved.html?_r=0<br />Ron Yuhttps://www.blogger.com/profile/03559137794249931418noreply@blogger.comtag:blogger.com,1999:blog-1949935810569534550.post-6149317770883789102014-05-22T15:41:02.271+01:002014-05-22T15:41:02.271+01:00Anonymous 15:35, if there hadn't been a hugely...Anonymous 15:35, if there hadn't been a hugely publicized debate about NPEs in the U.S. in the first place, would anyone have picked out the IPCom and Rovi cases and said there was anything sinister about them? And does their outcome suggest a problem that the system cannot deal with in a perfectly adequate way?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1949935810569534550.post-26652536331428183442014-05-22T15:35:59.872+01:002014-05-22T15:35:59.872+01:00The slew of IPCom and Rovi cases in the UK Patents...The slew of IPCom and Rovi cases in the UK Patents Court over the last few years certainly suggests that there is a degree of trolling going on. How that compares to the US I do not know.Anonymousnoreply@blogger.com