Yesterday, CCIA and The American Antitrust
Institute (AAI) hosted an event titled “Competition Law & Patent Assertion Entities: What
Antitrust Enforcers can do.” The keynote speaker was FTC Chairwoman Edith
Ramirez, who began the event by highlighting problems with PAEs, and suggesting
that the FTC might soon engage in a 6(b) study to determine the effects of PAEs
on the economy.
Chairwoman Ramirez then turned the microphone over to CCIA’s
president and CEO, Ed Black, who led an informative panel discussion. The panelists came from various sectors and backgrounds
and all offered different views on the PAE problem.
Lisa Kimmel of the FTC and Frances Marshall of the DOJ gave
their views on the government’s position, while Paul Saraceni of RPX
represented the private sector and offered one market solution to the problem.
Bert Foer spoke on behalf of AAI, and suggested seven policies that would
help curb patent litigation abuse, and professor Michael Carrier offered an
academic approach that explored the legal options available to enforcement
agencies.
These experts each brought different perspectives on the
problem of PAEs, but a few themes remained steady throughout the discussion.
All the panelists acknowledged that more information on the topic was
necessary, but indicated that PAEs, or “patent trolls,” likely pose a real
problem for the American economy. Because our knowledge is sparse on the
issue, they agreed that 6(b) study would certainly prove a useful vehicle for
obtaining necessary information. The panelists also echoed the
Chairwoman’s sentiment that each case must be taken on an individual basis and
“market power will likely be key” in evaluating antitrust violations.
While approaches varied, the event proved successful in
raising awareness of the issue, which the White House has also addressed in recent statements. CCIA is encouraged by the focus that
this important issue is getting from the FTC, the DOJ, and the media, and it
looks forward to future developments that will help curb the growing problem of
patent assertion entities in the United States.
