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Patent litigation increased in the U.S. in the last ten years – study

A new study, co-authored by Harvard Business School professor Lauren Cohen, University of Texas at Dallas professor Umit Gurun, and Harvard University society of fellows junior fellow Scott Duke Kominers, shows that there has been a sharp increase when it comes to patent litigation in the United States during the past ten years. The study shows that 2015 had one of the highest rates of patent lawsuits ever.

Researchers looked to the possibility of ascribing this rise to the growth of commercialization of technology and innovation, with more companies securing intellectual property protection to protect their competitive advantages. However, the study noted that the majority of patent lawsuits in recent years have been filed by non-practicing entities. These are companies that produce no products, but instead collect patent portfolios to earn off of them by suing anyone whose technology resembles something contained in the portfolios. The study claims that this actually stifles innovation, as these lawsuits can be expensive. Many firms have had to cut funding for research and development as a result of patent trolling.

The authors say that policies designed to screen out so-called “patent trolling” at or before the time of patent assertion should be put in place.

Our DFW intellectual property attorneys at Gagnon, Peacock & Vereeke, P.C., handle cases regarding patents, trademarks, copyrights, trade secrets, and domain name disputes, among others. Get in touch with a qualified member of our legal team by calling our offices today at (214) 824-1414.