Will the IP bar split over 'patent trolls?'

File under interesting timing: the lawsuit against Troll Tracker was reported the same day my colleague Zusha Elinson reports on Howrey's new advertisement urging clients not to support law firms that litigate for "patent trolls," which they call a "scourge on legitimate businesses everywhere." (article is here, free registration required)

I've had off-the-record conversations with folks at various firms about their opinions on taking work for patent-holding companies. Some say their high-tech clients are pushing them to not do such work; others have said there's no such pressure.

Definitely worth reading. I doubt IP will ever be like product liability or personal injury litigation, since (most) big companies that defend against lots of little-guy patent suits still think of themselves as potential plaintiffs. But the issue looms: will the big firms continue to be able to "work both sides of the street," as Henry Bunsow puts it? Or are we seeing the development of a new, more clearly  defined plaintiffs' and defense bar? There's certainly a fissure of tension, and Howrey's ad isn't shy about sticking itself in there.

Comments

[Richard Cauley]

Well, there's a difference, I think between representing patent plaintiffs who practice their patents and those. The primary difference may be that the "true" trolls [as opposed to NPEs such as universities and the like] are more likely to hire firms on contingency -- something that Howrey wouldn't normally do anyway, IMO. I think this may be more marketing from Howrey to the companies being sued by trolls than some kind of political statement.