Davis, Julianne R.
Lane Powell Counsel to the Firm Julianne Davis authored an article in the Summer 2014 issue of Oregon Bankers Association’s Banking Matters magazine titled “Patent Troll Legislation: Oregon State Courts Curb Abuse of Patent Laws by NPEs.” The article discussed Non-Practicing Entities (NPEs), or firms that collect “license” fees on patent rights by threatening lawsuits, and what is being done at the state and federal levels to combat them. NPEs rarely make any products, provide any services or operate any systems used by the companies they threaten. Instead, they will send cease-and-desist letters containing vague accusations of infringement of their patents and then ask the accused company to pay a license fee. The number of patent trolls has increased in recent years and now several states are considering legislation aimed at curbing what many believe is an abuse of patent laws. Oregon’s recent anti-troll statute, signed into law on March 3, prohibits a person or its affiliate from communicating a patent-infringement demand if it alleges, asserts or claims in bad faith that the recipient has infringed or contributed to infringing a patent or rights that the patentee, assignee or licensee has under patent.