November 13, 2007 by Jessica Patton
I agree that the “predator” patent trolls can be potential lethal to companies who make and sell products, but I do not agree that their function is futile or unethical.
The strongest argument against patent trolls is that they have not contributed to the inventions on which they claim patent infringement. They have, however, usually purchased exclusive licenses from patent owners. Patent owners have the right to sell licenses in exchange for royalty fees and an agreement that they need not be involved in time consuming litigation upon patent infringement. By acquiring these licenses, patent trolls are capable of sending a powerful warning message to manufacturers on behalf of patent owners collectively that individual inventors lack the resources to project.
Certainly, this message must be balanced against the possibility of using courts as a profit-making tool. As stated by an American Judge, the US Congress, desires patent law to “reward creativity, not legal gamesmanship.”