Who’s really shaping the troll debate?

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Who’s really shaping the troll debate?

Yesterday’s Congressional hearing featured witnesses from the high-tech, pharma and legal industries. But maybe we should look elsewhere for the real influencers

Patent reform has been front and centre in Washington DC in the past week, following the publication of Chairman Goodlatte’s Innovation Act (whatever you think about US legislative proposals, you have to admire the branding – who can possibly oppose the principle of an Innovation Act?).

That was announced with a flurry on Wednesday, and at the AIPLA Annual Meeting on Thursday and Friday everyone was talking about it (see our daily newspapers for more detail). Yesterday, Goodlatte’s Judiciary Committee held a hearing with testimony from Krish Gupta of EMC, Kevin Kramer of Yahoo, former USPTO Director David Kappos and Robert Armitage, recently retired from Eli LIlly. Behind the scenes, representatives of technology companies and law associations are busy haggling over the plans with Congressional staff and lawyers.

Whatever they think about the details of the bill, Managing IP readers might be pleased to see that it is in the safe hands of people whose professional interest is IP. But just pause for a moment.

When the bill was published last week, who were the first people to welcome its proposals? Step forward bodies such as the National Restaurant Association, the National Retail Federation and the American Hotel & Lodging Association. These represent many companies, often the legendary “mom’n’pop” stores, who claim they are big victims of trolls, and are being targeted by frivolous lawsuits based on dubious patent claims alleging that they make use of computers, software or other technology that is infringing

Sure, certain tech companies want patent reform – some of them were represented at the hearing today. But the restaurants, hotels and stores want it even more. And some say it’s those groups that have real influence on the Administration and in Congress. One person close to the debate in Washington DC told me last week that they are the ones who Representatives and Senators will listen to, not least because they speak for a large number of businesses in members’ constituencies and have a well-established lobbying presence that is very good at articulating their concerns.

You might think that the sensitive topic of patent reform is best left to those who are involved in IP day-in and day-out. On the other hand, you might welcome the involvement of groups outside of the traditional IP-intensive industries, who can bring some perspective to the debate. Either way, it’s worth remembering that when politicians debate and, ultimately, vote on these sorts of issues there are many influences on them outside of the ones that we in the IP world are familiar with. And some of those influences might be very powerful.



more from across site and SHARED ros bottom lb

More from across our site

Working with Harvey and Microsoft, the firm has been at the forefront of developing AI tools for its lawyers, and is now exploring new projects and business models
The Emotional Perception AI case, which centres on the patentability of an artificial neural network, will be heard next week
Developments included a court order related to InterDigital’s anti-anti-suit injunction against Disney, and clarification on recoverable costs
Partners at Foley Hoag examine how recent CJEU jurisprudence may serve as a catalyst for recalibrating US judicial reluctance to entertain foreign patent claims
International law firms have high hopes for their IP practices in Saudi Arabia, with many opening offices, but recruiting and retaining talent in the Kingdom presents unique challenges
Patrick Ogola joins us for our ‘Five minutes with’ series to discuss helping African entrepreneurs on the global stage, and explains why young lawyers should speak up
Heli Pihlajamaa, the EPO’s principal director for patent law and procedures, joins us to take stock of the unitary patent following its second anniversary
Kelly Thompson, chair of South African firm Adams & Adams, discusses self-belief, self-doubt, and the importance of saying yes
The renowned food brands were represented by a host of lawyers, including members of the firms’ IP teams
Partners at Bird & Bird and Taylor Wessing discuss how Saudi Arabia offers unique opportunities for firms dealing in IP and tech
Gift this article