Summary: | 碩士 === 國立中央大學 === 產業經濟研究所 === 104 === America Invents Act in 2011 makes a great amendment on the patent system and provides many legal provisions to target on NPEs. The major purpose of this study is to explore NPEs real operation in the patent litigations. In this paper, the issues that the NPEs' litigation activities have shown will be thoroughly reviewed and discussed. To gain a better understanding of impacts on NPEs, this research will start with analyzing the rise of NPEs and their business models, observing their litigations behaviors and related disputes.
This study applies the empirical approach in analyzing NPEs’ patent litigation, and collects patent litigation cases from LexMachina. According to this paper's empirical analysis, the America Invents Act strengthens the administrative remedy in order to resolve the problem of the patent validity that will improve the circumstance which NPEs abuse the patent litigation. Also, the America Invents Act enhance the limitation of joinder of parties. It seems not significantly affect NPE's patent litigation activities, but result in raising the patent litigation, and increasing burden of the courts.
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