If the administration is able to concoct and pass a set of laws that can actually systematically identify and lock down patent trolls but not companies like ARM, it would be an amazing development. Yet this litigation dance is clearly the trolls' domain of expertise. I'm afraid that any rules passed would be adroitly evaded by the trolls and "evolved" shell companies that say, take to putting on a camoflage guise like that of Intellectual Ventures (IV).
In addition, the president plans to ask Congress to pass legislation that would allow sanctions on litigants who file lawsuits deemed abusive by courts, officials said.
I wonder if "litigants" actually points to "people" rather than entities.
The president has taken a dim view of certain patent-holding firms. In February, he said some firms "don't actually produce anything themselves. They're just trying to essentially leverage and hijack somebody else's idea to see if they can extort some money out of them."
As we all know, companies like ARM don't "make" anything. But they are a legitimate operation by all means. But on the surface, IV might look like a legitimate operation too, with their research staff and everything. And once legislation passes, the now simple shell companies will surely take on a new form that will be more difficult to discern from their legitimate counterparts.
The fact that the administration wants to make this change is amazing. I love it. Yet I have to be skeptical, not only for the aforementioned reasons but also due to our political gridlock. I'm afraid that any legislation that does pass will be laden with intentional loopholes for the trolls to exploit.
I am hopeful yet fearful.
In the interim, get your company to adopt the Innovators Patent Agreement: https://github.com/twitter/innovators-patent-agreement