FTC announces investigation into patent trolls in the US

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

FTC announces investigation into patent trolls in the US

edith-ramirez.jpg

Federal Trade Commission chairwoman Edith Ramirez announced that the FTC is launching an investigation into the potentially anti-competitive practices of patent trolls in the US

Ramirez made the announcement during a seminar on patent trolls and anti-competition law hosted in Washington DC by the Computer & Communications Industry Association and American Antitrust Institute.

The investigation is part of a coordinated crackdown on patent trolls by the Obama administration. It follows the announcement earlier this month of a White House plan to curb patent trolls, which will mainly be implemented through the USPTO. The plan was accompanied by a 17-page study by the National Economic Council and the Council of Economic Advisors and has been generally well-received by academics, industry and consumer advocate organisations.

Ramirez said the investigation will be held under Section 6b of the Federal Trade Commission Act, to “help develop a better understanding” of what she referred to as patent assertion entities (PAEs), which are popularly known as patent trolls.

She said that while the Commission still has “only snapshots of the cost of PAE activity”, early indications suggest that their benefits to innovation and the general public are greatly outweighed by their costs, which include shifting money away from research and development.

Between 2007 and 2012, the number of patent infringement lawsuits filed by trolls tripled, said Ramirez. Trolls now file the majority of patent infringement lawsuits in the US.

She said that PAE activity is also “changing shape”. Although IT is still the industry most targeted by trolls, data and anecdotal evidence collected by the FTC suggests that they now file half of all their lawsuits outside of the high tech sector.

Retailers are now the most common low tech sector targeted by trolls, and the FTC has had complaints from online retailers who have had to defend lawsuits against common features on their websites such as drop-down menus and shopping carts.

Small businesses have also increasingly become targets, with offline businesses such as coffee shops being sued for patent infringement for offering features like WiFi. Ramirez said the FTC plans to use Section 5 authority to protect small businesses against deceptive patent claims by trolls, such as attempting to secure settlements relating to expired patents or patents the troll has no rights to.

She said the Commission is also concerned about an increase in what she described as “hybrid PAE activity”, in which large corporations hide behind shell companies to engage in troll activities strategically targeting competitors.

more from across site and SHARED ros bottom lb

More from across our site

The move marks the latest step in Temu’s push to protect brands’ intellectual property by collaborating with industry groups and enforcement agencies. Managing IP learns about a rapidly scaling strategy and two success stories
A counterfeiting crackdown targeting fake FIFA World Cup merchandise and new partner hires by CMS, HGF and Winston Strawn were also among the top talking points
Law firms need to accept the hard truth: talent migration isn't personal; it's business as usual
Judge Alan Albright is to leave his role at the Western District of Texas, and could return to private practice
Stobbs has successfully seen off a contempt of court application filed against the firm and two of its lawyers
After almost a quarter of a century, Marshall Gerstein has a new managing partner
Abbott winning another round against Sinocare and Menarini, and 'long arm' clarification on the UK's position within the UPC, were also among major developments
Maria Peyman, head of IP at Birketts, explains why the firm is adopting a ‘seamless approach’ for clients by integrating two of its practice areas
Matthew Swinn, who leads the firm’s IP practice, discusses why Mallesons is well-placed to remain a major IP force
Lawyers at A&O Shearman analyse developments regarding UPC’s long-arm jurisdiction, including its scope and jurisdictional limits
Gift this article