| Patent Troll refers to those enterprises and individuals which obtain patent licensing fees through licensing agreements based on the patents purchased,or try to get compensation with infringement litigations as the last resort.The cost of Patent Troll business is low while the profits are high,which has made Patent Troll an attractive business model.Although the development of Patent Troll has positive influence on the society such as promoting technology innovation,the abuse of infringement litigations arising from Patent Troll has made a lot of big companies suffered in great monetary loss and made negative impacts on the economic market.Therefore some measures should be taken to deal with the Patent Troll phenomenon.As Patent Troll derives from the USA and there have been some mature solutions to deal with Patent Troll in the USA,the practice related with Patent Troll in the USA is worth learning from.From the point of the USA Judiciary,this paper will analyze the real meaning and development background of the Patent Troll and then study the cases regarding Patent Troll happened in the recent decade in the USA in order to find the solution used by the USA Judiciary aimed at Patent Troll.On this basis,this paper will discuss the practical strategies to deal with Patent Troll in our country.The first part of this article is the introduction.In this part,I will first introduce the issues to be researched in this article and then point out why these issues are important,in order to indicate the purposes and intentions of my research.Apart from the Introduction and Conclusion,this article can be further divided into five parts.The first part is the summarization of Patent Troll,aimed at the clear and correct understanding of Patent Troll.This part starts with the definition and symptoms of Patent Troll,discusses about the connotation and nature of Patent Troll,analyzes the operation pattern of Patent Troll,specifies the positive and negative effects of Patent Troll,demonstrating it is quite necessary and urgent to deal with Patent Troll.The second part is about the growth and development of Patent Troll.In this part,I will study about the economic,social and legal reasons why Patent Troll generates and develops in the USA,trying to help understand the transformation of the attitude of the courts about Patent Troll.The preliminary study and conclusion about the background of the generation and development of Patent Troll in the USA are also closely related with the discussion of Patent Troll in the area of justice.The third part is the most important part in this article which writes about the summarization and analyses of the cases raised by Patent Troll in the recent ten years in the USA.Apart from the macro data of Patent Troll cases,I also select and analyze several representative cases including "Blackberry" case and "eBay" case in this part.All these analyses make great significance on the understanding of American judicial practice about Patent Troll.The forth part is about the studies and conclusions based on the third part.I wish to search for the American judicial path to deal with Patent Troll from the cases in the recent ten years combined with the changes in legislation direction in the USA,as well as do some deeper research on the unclear parts in this path to further detail this path.This fifth path is about the enlightenment of the American judicial path aimed at Patent Troll on our country.I will try to find the way to deal with Patent Troll problems in our country on the basis of the comparison and analyses between the Patent Troll environments in China and America,returning to the starting point.Through the discussion and research in this article,I hope that I can provide with a new systematized thinking path to understand and deal with Patent Troll. |
