State Laws on Patent Demand Letters are Unnecessary Threats to the Innovation Economy

Adam Mossoff and I have an op-ed that was published on Morning Consult. Here’s a brief excerpt:

In a recent Wall Street Journal op-ed, Steve Malanga praised the 27 states that have passed legislation that “make it easier for a state’s attorney general to pursue actions against knowingly false claims made by so-called patent trolls.” He claimed that these “states have made a good start in restoring a sense of fairness and proportion to patent litigation.” Unfortunately, the exact opposite is the case, and this fractured patchwork of legislation threatens the certainty and consistency required for inventors and businesspersons to bring to market new patented innovations. This was exactly the problem the Framers of the Constitution recognized and sought to prevent by placing the authority to secure patents in Congress and in the federal courts. . . .

To read the rest of this op-ed, please visit Morning Consult.

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