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Fee-shifting in patent cases: Will proposed legislation actually change anything?

The first of a three article series addressing proposed legislation to curb abusive patent litigation

This is the first of a three article series addressing proposed legislation to curb abusive patent litigation. This article addresses proposed changes governing fee-shifting. The remaining articles will address proposed pleading standards and proposed discovery rules.

Non-practicing, non-academic, entities that make money simply by owning patents are often called trolls. They come in all shapes and sizes, and some assert more legitimate patents rights than others. The questionable trolls are a plague, costing United States businesses billions every year. Because of this, there have been a number of recent initiatives to curb abuse. There are some provisions in the Leahy-Smith Invents Act (AIA), and Congress is now again debating reform.

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Josephine Benkers

Josephine Benkers is a partner at Quarles & Brady LLP and practices in the areas of intellectual property and commercial litigation. Her experience in intellectual...

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