Goldberg Segalla partner Daniel B. Moar provided insight for a Rochester Business Journal article examining the surge in lawsuits filed by so-called “patent trolls”: non-practicing entities (NPEs) that acquire patent portfolios and sue other companies to enforce those patents without regard for the legitimacy of their claim.
“There is no bulletproof way to avoid a patent troll’s claim,” he noted. But, Dan warned, even though settling may sometimes be a defendant’s best option, a company should not be too quick to do so or to assume that caving to a troll’s demand is inevitable.
Dan, a member of the firm’s Business and Commercial Practice Group who handles intellectual property litigation, advised readers to consult with an attorney familiar with such matters who can help companies get a sense of the type of opponent they face before doing anything.
He also discussed recent reforms that have somewhat brightened the picture for firms pursued by patent trolls. These include a move by the federal courts to make it easier for winning defendants of patent infringement cases to make the other side pay their legal fees, as well as inter partes review, or IPR, which lets defendants challenge a patent’s validity by diverting the case from a federal court to a less costly and quicker alternative forum.