Patent
law, as the Constitution requires, is supposed “[t]o promote the Progress of
Science and useful Arts.” Yet today,
certain aspects of patent law instead promote gambling -- the playing of games
of chance for money (the exact opposite of science and useful arts). This article begins by closely examining how
current law allows third party litigation financers
to convert the unproductive patents of “trolls” into chips and to turn the
patent litigation system into a house casino.
It then proceeds to discuss why such third party litigation financers,
especially as they operate in the patent litigation system, should be regulated
as the gamblers they are, operating at public expense.
Wednesday, May 10, 2023
Disclosing High Roller Bankrolling in the Patent Litigation Casino: The Need to Regulate Third Party Litigation Financing
