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Commercial Dispute Resolution: Patent Trolls, Boom or Bust?



AUSTIN, February 19, 2014 -- In a recent Commercial Dispute Resolution article, Baker Botts partner Kevin Meek comments on non-practicing entities – or, as they are more commonly known, patent trolls.

Meek stated that in 2013, “the problem of trolls changed from an economic and judicial reality into a front page story”, which is believed to have drawn legislators into an topic far more complex than they realized. “How do you define a non-practicing entity, and what do you do if you have one? And are the new rules going to apply to both sides of the docket?,” Meek said, expressing his reservation regarding the fast push to legislate.

With the House of Representatives passing the Innovation Act in December, and now heading for the Senate, does 2014 hold the answer to the patent troll question? The Act’s main proposal requires a seismic shift in the US approach to litigation: requiring the loser to pay legal fees.

Meek doubts whether there is an appetite for such a volte face stating, “It’s a wholesale societal change, and a completely different philosophy [to the current approach]. You’re making your courts much more difficult to get into.”

The complete Commercial Dispute Resolution article is available here.

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