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

Lawyers at Simmons & Simmons look ahead to a UK Supreme Court hearing in which the court will consider whether English courts can determine FRAND terms when the licence is offered by an intermediary rather than an SEP owner
Firm says appointment of Jeremy Drew from RPC will help create ‘unrivalled IP powerhouse’, as it looks to shore up IP offering ahead of merger
Law firms are expanding their ITC practices to account for the venue’s growing popularity, and some are seeing an opportunity to collaborate with M&A teams
Erise IP has added a seven-practitioner trademark team from Hovey Williams, signalling its intention to help clients at all stages of development
News of prison sentences for ex-Samsung executives for trade secrets violation and an opposition filed by Taylor Swift were also among the top talking points
A multijurisdictional claim filed by InterDigital and a new spin-off firm in Germany were also among the top talking points
Duarte Lima, MD of Spruson & Ferguson’s Asia practice, says practitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices
Practitioners say the UK Supreme Court’s decision could boost the attractiveness of the UK for AI companies
New awards, including US ‘Firm of the Year’ and Latin America ‘Firm to Watch’, are among more than 90 prizes that will recognise firms and practitioners
DWF helped client Dairy UK secure a major victory at the UK Supreme Court
Gift this article