A few insightful studies of intellectual property abuses and patent infringement defenses have highlighted the role of patent trolls and patent pools. The litigation between patent holders and those accused of infringement is resolved in district courts where large, unproductive process costs and awards eventually hit consumers. Part of these problems seems to be fostered by the judicial system itself – the variability of outcome by district and by jury versus a bench trial. It sounds like there are defects in the laws that judges and juries are forced to rely on to reach their patent-suit decisions…

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