“The FTC recognizes that infringement litigation plays an important role in protecting patent rights, and that a robust judicial system promotes respect for the patent laws. Nuisance infringement litigation, however, can tax judicial resources and divert attention away from productive business behavior,” the report states. With this balance in mind, the FTC proposes reforms to:
- Address the imbalances between the cost of litigation discovery for PAE plaintiffs and defendants;
- provide the courts and defendants with more information about the plaintiffs that have filed infringement lawsuits;
- streamline multiple cases brought against defendants on the same theories of infringement; and
- provide sufficient notice of these infringement theories as courts continue to develop heightened pleading requirements for patent cases.