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Intellectual Property

Mar. 16, 2011

When Is a Patent Troll a Patent Troll?

Use of the term "patent troll" is meant to prejudice and can curtail the rights of property owners.

Lawrence M. Hadley

Partner, Glaser Weil Fink Howard Avchen & Shapiro LLP

Phone: 310-553-3000

Email: lhadley@glaserweil.com

Lawrence is chair of the Intellectual Property Department and co-chair of the Crisis Management & Response Department.

When someone uses the phrase "patent troll," it is a safe assumption that the term is intended derogatorily. But what is a patent troll? How easy is it to spot one? Many would say that a patent troll, in politically correct terms, is a "non-practicing entity" or NPE. But does NPE really define a patent troll? Or is NPE just a term that is equally amorphous - requiring its own definition? After hearing and reading about patent trolls from the time the term was first coined, I have reached...

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