FTC announces investigation into patent trolls in the US

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

FTC announces investigation into patent trolls in the US

edith-ramirez.jpg

Federal Trade Commission chairwoman Edith Ramirez announced that the FTC is launching an investigation into the potentially anti-competitive practices of patent trolls in the US

Ramirez made the announcement during a seminar on patent trolls and anti-competition law hosted in Washington DC by the Computer & Communications Industry Association and American Antitrust Institute.

The investigation is part of a coordinated crackdown on patent trolls by the Obama administration. It follows the announcement earlier this month of a White House plan to curb patent trolls, which will mainly be implemented through the USPTO. The plan was accompanied by a 17-page study by the National Economic Council and the Council of Economic Advisors and has been generally well-received by academics, industry and consumer advocate organisations.

Ramirez said the investigation will be held under Section 6b of the Federal Trade Commission Act, to “help develop a better understanding” of what she referred to as patent assertion entities (PAEs), which are popularly known as patent trolls.

She said that while the Commission still has “only snapshots of the cost of PAE activity”, early indications suggest that their benefits to innovation and the general public are greatly outweighed by their costs, which include shifting money away from research and development.

Between 2007 and 2012, the number of patent infringement lawsuits filed by trolls tripled, said Ramirez. Trolls now file the majority of patent infringement lawsuits in the US.

She said that PAE activity is also “changing shape”. Although IT is still the industry most targeted by trolls, data and anecdotal evidence collected by the FTC suggests that they now file half of all their lawsuits outside of the high tech sector.

Retailers are now the most common low tech sector targeted by trolls, and the FTC has had complaints from online retailers who have had to defend lawsuits against common features on their websites such as drop-down menus and shopping carts.

Small businesses have also increasingly become targets, with offline businesses such as coffee shops being sued for patent infringement for offering features like WiFi. Ramirez said the FTC plans to use Section 5 authority to protect small businesses against deceptive patent claims by trolls, such as attempting to secure settlements relating to expired patents or patents the troll has no rights to.

She said the Commission is also concerned about an increase in what she described as “hybrid PAE activity”, in which large corporations hide behind shell companies to engage in troll activities strategically targeting competitors.

more from across site and ros bottom lb

More from across our site

A UK government consultation on AI and copyright, a patent blow for Lenovo and a trademark row over cider were among the big talking points this week
Our most popular stories of the year included a rundown of the 50 most influential people in IP, our in-house ones to watch, and UPC news
Awards
It is time to submit nominations for the sixth annual Life Sciences Awards EMEA
Keejeong Kim, who returned to Yulchon after a four-year gap, said he was intrigued by the opportunity to work on neighbouring areas of law to IP
The IP consulting firm hopes to expand its services and outreach with the support of investors VSS Capital Partners and Century Equity Partners
This update includes a ruling from the Court of Appeal, a judgment of the Paris Local Division, news of upcoming hearings, and predictions for 2025
US counsel review the key copyright and trademark trends of 2024, including generative AI disputes and SCOTUS cases
If 2024 is anything to go by, the next 12 months could see more IP firms seek investment opportunities while IP lawyers are increasingly likely to work alongside other functions
Practitioners reflect on the impact of USPTO guidance, as well as PTAB and litigation trends
We discuss Managing IP’s 50 most influential people in IP list and look back on the biggest talking points in the last month
Gift this article