The Rise of the End User in Patent Litigation and Attorney Fee Shifting

3(2) NTUT J. of Intell. Prop. L. & Mgmt. 199 (2014)

Seton Hall Public Law Research Paper No. 2015-04

3 Pages Posted: 18 Apr 2015

See all articles by Gaia Bernstein

Gaia Bernstein

Seton Hall University - School of Law

Date Written: April 16, 2015

Abstract

This short piece focuses on the growing role that that end users are playing in our patent system. It highlights that end users differ from competitors in that they lack technological sophistication, are often onetime players and tend to become involved in the patent dispute relatively late in the life of the patent. The paper proposes inclusion of end user status as a factor that weighs toward fee shifting, as the first in a set of procedural reforms, to address the new role of end users in patent litigation.

Keywords: patent, fee shifting, end users, patent assertion entities, procedural reform, America Invents Act

Suggested Citation

Bernstein, Gaia, The Rise of the End User in Patent Litigation and Attorney Fee Shifting (April 16, 2015). 3(2) NTUT J. of Intell. Prop. L. & Mgmt. 199 (2014), Seton Hall Public Law Research Paper No. 2015-04, Available at SSRN: https://ssrn.com/abstract=2595239

Gaia Bernstein (Contact Author)

Seton Hall University - School of Law ( email )

One Newark Center
Newark, NJ 07102
United States

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