Related to Noel's blogs about trolls, and courtesy of Bill Heinze's newsletter/blog, news of a study on why "trolls" (forgive me, forgive me for using the word without a coherent definition) are a problem in the US and not so much in Japan and the EU. The top factors:

Liberal Approach to Patentability
Ability to receive a Permanent Injunction
Rampant Forum Shopping
Treble Damages
Low Threshold for Nonobviousness
High Reversal Rate of the Federal Circuit

Lots of litigation-related factors. And he includes the following observation, "Although litigation costs are generally lower in Europe, contingency fee arrangements are generally not allowed and the loser must often pay all attorney fees." See my piece on loser pays and the patent system.

posted by Solveig Singleton @ 2:34 PM | International, Patents

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