Monthly Archives: April 2015

The “Patent Assertion Escrow” as a Limit against Abusive, Coercive Litigation

By Stephen C. Hall

How would the dynamic of patent infringement litigation change if Patent Assertion Entities, who file lawsuits serially, faced a higher level of scrutiny over their pre-lawsuit investigation? This post explains how to accomplish this with due regard for attorney-client privilege and attorney work product.

Illustration_SteveHall_v5In its study of the Patent Assertion Entity (“PAE”), the Federal Trade Commission defined PAEs as firms that acquire patents to generate revenue through litigation. Like any patent holder, a PAE must reasonably investigate before filing a lawsuit. However, a serial PAE might sue dozens or hundreds of players in an industry with a cookie-cutter complaint, and some attempt to exploit the fact that Continue reading The “Patent Assertion Escrow” as a Limit against Abusive, Coercive Litigation