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One position on patent trolls holds that they aren’t involved in the market in which they seek to enforce their patents (or perhaps not involved in any market at all). Recently, the Blackberry and eBay courts pondered such a situation while considering irreparable injury to the patent holders. Is the issue specific to patents? Professor Mark Lemley offers a new working paper depicting a loosely related scenario in copyrights. Should a Licensing Market Require Licensing? MARK A. LEMLEY Stanford Law School July 13, 2006 Stanford Public Law Working Paper No. 917161. On the possibility of an onslought of trolls, whether they be the copyright or patent sort, my colleague, Solveig, has suggested that a loser pays litigation scheme may serve as deterrance.
posted by Noel Le @ 3:07 PM | Academia, Markets: Business, Investment & Innovation, Patents
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