Edited by Toshiko Takenaka
Chapter 15: Patent litigation reform in the United States
The United States Congress is increasingly focused on reform to patent litigation to address the increased volume and high costs of patent cases, the supposedly bad actions of certain patentees (so-called ‘patent trolls’), and the perception that many patent cases are meritless and brought only to obtain cost-of-defense settlements. Some proposed reforms are properly tailored to address real problems in the patent system but many are unnecessary, unlikely to be effective because they fail to address underlying problems of substantive patent law, and/or likely to deter even meritorious assertions of patent rights. After providing an overview of proposed patent litigation reforms and their shortcomings, the chapter proposes a reform that is likely to be more effective and better tailored to addressing the problems motivating reform: staging litigation so that some patent issues are resolved in their entirety before there is any discovery or other litigation on other issues.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.