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17 Fed. Cir. B.J. 165 (2007-2008)
Stop Looking under the Bridge for Imaginary Creatures: A Comment Examining Who Really Deserves the Title Patent Troll

handle is hein.journals/fedcb17 and id is 175 raw text is: Stop Looking Under the Bridge for Imaginary Creatures: A Comment Examining Who Really Deserves The Title Patent Troll Marc Morgan* Introduction Commonly, patent trolls are viewed as non-producing patent holders that enforce their patents.' This perception of a patent troll must be changed be- cause it unfairly gives a number of legitimate intellectual property businesses a bad name. Many legitimate businesses play a positive role by encouraging innovation, increasing liquidity,2 and providing market clearing. The posi- tives produced by these businesses far outweigh any negatives they create and courts should not make it more difficult for these businesses to gain injunctive relief. Instead of hindering legitimate intellectual property businesses, the courts and legislature should focus on the main problem with patent litigation- patent quality. The declining quality of patents, the many patent applications before the United States Patent and Trademark Office (USPTO), and the consequent litigation currently overwhelm the patent system. If the courts and legislature want to regulate the activities of patent trolls, then they should only act against the real trolls. Real patent trolls are any bad faith actors that own patents.3 Just as both good and bad actors flock to . J.D. Candidate 2008, Marquette University Law School; B.A. in Urban Studies 2005, Macalester College. The author would like to thank the editors and staff of The Federal Circuit Bar Journal for their input and assistance in publishing this Comment. The author would like to thank Professor Irene Calboli and Professor Andrea K. Schneider, both Pro- fessors of Law at Marquette University Law School, for their guidance. Last but not least, the author extends special thanks to his parents, Arna and Anthony Morgan, to his brother, Chase Morgan, to his grandparents, and to his aunts and uncles for their patience and sup- port through the law school years. 1 See infra Part I.A. 2 JOHN DOWNES & JoRDAN E. GOODMAN, DICTIONARY OF FINANCE AND INVESTMENT TERMS 386 (6th ed. 2003) (Ability to buy or sell an asset quickly and in large volume without substantially affecting the asset's price.). I See infra Part II.

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