Proposed legislation seeks to limit patent trolls’ access to ITC investigations

On 29 May 2014, US congressmen Blake Farenthold (R-TX) and Tony Cárdenas (D-CA) introduced legislation aimed at reducing the ability of patent trolls to initiate ITC investigations.

The proposed ‘Trade Protection Not Troll Protection Act’ modifies the domestic industry standard for initiating complaints, makes it faster and easier to dismiss an investigation not meeting the domestic industry standard, and permits earlier termination of investigations where an exclusion order is counter to public interest.

Despite the recent and unceremonious death of the ‘Innovation Act’ in the Senate Judiciary Committee, an act that sought to broadly limit litigation brought by patent assertion entities (PAEs), or ‘patent trolls’, new legislation introduced on 29 May demonstrates the continued support for legislative limits on PAEs…

Click on the link below to read the rest of the Allen & Overy briefing. 

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