I want to draw your attention to a significant new article entitled “Patent Trolls and Preemption” that was just published in Virginia Law Review. Many states have enacted statutes that attempt to limit what patent owners (or alleged owners) can demand by invoking the principles of common-law fraud or misrepresentation. An obvious question about these statutes is are they preempted by federal law? The test for preemption used by the Federal Circuit would seem to say yes, but perhaps that test is too restrictive. The article explores this question in depth as the court challenges to these statutes begin.