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Buying the Bridge: Beating Patent Trolls at Their Own Game

March 19, 2013

Executive Summary

Non-Practicing Entities (NPEs), sometimes referred to in the pejorative as “patent trolls,” execute an arbitrage by buying patent assets in a context of low value, usually from an owner that lacks the resources to enforce the patents. The NPE then extracts fees from industry participants by leveraging the high cost of defending patent assertions. The NPE revenue model relies on the availability of inexpensive patents on the open market. Marc Kaufman, partner at Reed Smith LLP, moderated a panel discussion with participants Tom Finneran, executive vice president, agency management services at 4A’s, Joshua Goodman, general counsel at Digitas, and Allen Yue, counsel for intellectual property litigation at The Coca-Cola Company, on ways in which the advertising industry can become a player in the patent marketplace to reduce the ability of NPEs to arbitrage patents that could be asserted against advertisers and agencies.

Source

“Buying the Bridge: Beating Patent Trolls at Their Own Game.” Marc Kaufman, Partner at Reed Smith LLP; Tom Finneran, Executive Vice President, Agency Management Services at 4A’s; Joshua Goodman, General Counsel at Digitas; Allen Yue, Counsel for Intellectual Property Litigation at The Coca-Cola Company. ANA Advertising Law & Public Policy Conference, 03/19/13.

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