What Are Patent Trolls?

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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1 Response

  1. AndyK says:

    Agreed completely. What is odd to me are these related issues: (1) how patent quality gets mixed into the equation without any proposals to reform the PTO processes or standards; (2) how one-sided the reform proposals can be (one-way bond requirements or one-way loser pays).

    Certainly there is abusive litigation out there, but the last thing anyone should want to do is throw the baby out with the bathwater and devalue patent rights as a whole.

    I’m always just very concerned that the money behind this effort (Big Tech, so far as I can tell) is not looking to solve a problem so much as effectuate a transfer of wealth from small “holdout” investors to big tech firms who want to be able to take technology if they can’t come to a deal.