A Massachusetts state senator recently filed his second attempt at bringing patent troll regulations to the Bay State, but industry insiders tell Law360 the bill amounts to a solution in search of a problem, arguing patent trolling has not done much to hamper the state’s innovation economy.
“Patent trolls were certainly a problem at one point, but much less of a problem I see these days,” said Erik Paul Belt, a partner at McCarter & English LLP focusing on intellectual property and information technology. “My clients don’t seem to be as bothered by patent trolls flying around like gnats, swatting at them as they were a few years ago.”
But Belt said he doubts it takes a new law to derail that behavior.
“If you get a letter like that, free advice here, rip it up, throw it away,” Belt said. “The letters aren’t necessarily targeted where the patent troll has done hours and hours of research. If you don’t respond, they kind of forget about you or take their time in getting back. It’s only when you respond that they know they have a fish on the hook.”