IV’s Detkin says patent abuse not limited to trolls

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

IV’s Detkin says patent abuse not limited to trolls

The executive who coined the term “patent troll” welcomes Washington’s effort to rein in abusive patent monetisation firms as long as policymakers pursue broader reforms

Peter Detkin

Peter Detkin, a founder and vice-chairman of Intellectual Ventures, the world’s largest buyer of patents, welcomes Washington’s crackdown on patent trolls ‑ with a few significant caveats.

The executive wants US policymakers to address allegations of patent system abuse across a range of companies, and not just among patent assertion entities (PAEs) such as IV. “There are many business models out there, and any reform should be focused on the system,” he said during an extensive interview with Managing IP.

He also complains that some Washington proposals are unfair to plaintiffs or would overwhelm the USPTO, which already struggles with its caseload. Policymakers should not overlook the importance of strengthening patent quality to help dissuade meritless lawsuits, he adds.

With the simmering patent troll debate set to heat up again now that the US Congress has reconvened following its summer recess, Managing IP will feature the reaction of leading PAEs in its October edition, available online from October 1. The coverage will include exclusive interviews with Detkin, IP NAV Founder and CEO Erich Spangenberg, Acacia Research CEO Matt Vella and Copytele President and CEO Robert Berman.

Detkin is particularly worried about the Shield Act, pending House legislation that would force patent trolls that lose in court to cover the legal costs of defendants. He would support the measure if it were amended to require any loser of a patent infringement case – whether plaintiff or defendant – to pay the winner’s legal fees.

Another concern involves “real party-in interest” proposals from the White House and lawmakers that would require patent applicants and owners to disclose their ownership. The goal is to deter trolls from using shell companies to obfuscate their holdings and portfolios. While he agrees that this idea could have public-interest benefits in some circumstances, he argues that there are legitimate competitive reasons for companies not to reveal such information.

Overall, Detkin is fine with roughly “80%” of the policy changes recommended by the White House in June. “There’s a new market out and we’re a leader in that market, and it is appropriate for the folks in Washington to take a look at a new market,” he says.

But he worries that some revisions contemplated by Washington would increase business costs by dragging out litigation. IV can afford the added expenses, but other litigants that deserve their day in court may not be so lucky, he warns.

To its critics, IV fits the classic definition of a troll: they say it acquires patents that are often broad or unclear and uses aggressive litigation tactics to pressure companies into settlements to avoid costly infringement lawsuits.

Detkin insists the real abusers are firms that take patents of “dubious quality” and threaten to sue across entire industries “looking for a quick hit”. By contrast, IV conducts extensive pre-file investigation and only pursues industry-wide litigation as a last resort, he explains.

Ironically, it was Detkin who coined the term patent troll more than a decade ago while at Intel, a major target of infringement claims, but he insists he has no regrets. “I wish I had a quarter for every time someone used it because I wouldn’t have to work for a living,” he says.

more from across site and SHARED ros bottom lb

More from across our site

Nick Aries and Elizabeth Louca at Bird & Bird unpick the legal questions raised by a very public social media spat concerning the ‘Brooklyn Beckham’ trademark
Michael Conway, who joined Birketts after nearly two decades at an IP boutique, says he was intrigued by the challenge of joining a general practice firm
The private-equity-backed firm said hires from DLA Piper and Eversheds Sutherland will help it become the IP partner of choice for innovative businesses
The acquisition is expected to help Clorox bolster its position in the health and hygiene consumer products market
AIPPI, which has faced boycott threats over the 2027 World Congress, says it has a long-standing commitment to engagement and geographic rotation
The shortlist for our annual Americas Awards will be published next month, with potential winners in more than 90 categories set to be revealed
News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Gift this article