Partner Stephen Holmes Discusses Newly Announced Initiatives to Curb ‘Patent Trolls’

Law360 examines recently announced executive and legislative proposals to curb frivolous lawsuits brought by non-practicing entities, otherwise known as “patent trolls.”

 According to Kaye Scholer litigation partner Stephen Holmes, “The President’s announcement of steps to crack down on patent trolls is overdue, but is to be welcomed. In particular, measures reducing the ability of patent trolls to extort money– because settlement is often cheaper than defending bogus claims–could have a real effect.”

 “Giving courts more discretion in awarding fees to the prevailing party in patent troll cases could help significantly by making trolls–and their lawyers–think twice before suing,” Holmes continues. “Improving the quality of patents issued by the Patent Office will also help, but needs to be done properly without harming the ability of inventors and businesses to obtain deserved patent protection.”