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On Sept. 16, 2011, the America Invents Act (AIA) became effective, including provisions directed at non-practicing entities, commonly known as “patent trolls.” Many believe, however, that patent trolls are still a plague, and that more must be done to curtail abusive patent litigation. This has led to the introduction of several patent reform bills:
While there are other more narrow bills, these cover numerous patent reform issues. This article addresses some of the more interesting provisions relevant to patent troll litigation.
Pleading Requirements And Early Disclosures
Complaints by patent trolls often provide defendants with few details about the case other than identifying a patent and alleging that the defendant is making, using, or selling an infringing product or practicing a patented method. For example, the claims asserted and the reasons behind the allegations are rarely identified.
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