Thursday, August 28, 2014

New Illinois Anti-Troll Law

Per this story in Crain's Chicago Business, Illinois has joined the list of states that has created a state cause of action for patent trolling. The summary:
The bill by Sen. Daniel Biss, D-Evanston, specifically makes it a violation of civil law to demand a royalty payment from a company if the demander doesn't hold or represent the patent holder itself, or if the patent has been overturned in court or expired. It also will be illegal to use any written communication, including emails, to falsely accuse someone of a patent violation with the intent of forcing a settlement. 
This raises a question - is an exclusive licensee a "patent holder?"  You can't tell from the article, but if you look at the text of the statute (here), it doesn't say "patent holder."  It says that the person asserting the patent must either be (or represent) "a person with the current right to license the patent [] or enforce the patent." 

So that's OK then.  

And now, since it's in Illinois, and there's a bridge (under which a troll might be hiding):





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