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June 06, 2011


patent litigation

Whatever the cost to Microsoft for availing itself of this service, it was probably worth whatever price the company had to pay in order to deter the ever-growing scourge of patent trolls. In all fairness, though, when trolls regularly collect triple the amount of damages awarded to practicing entities in patent litigation, it is certainly no surprise that more trolls are springing up and becoming ever more aggressive. They have everything to gain and relatively little to lose. I fear that the only way to minimize the threat that PAEs pose to small businesses is by eliminating their incentives to assert patents -- i.e., by limiting the damages that they can collect.

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