By Jeff Watson
Jeff Watson is a patent attorney with 11+ years of experience. He tracks the U.S. Patent and Trademark Office and the state of NC for IP related news. Please find his most recent news link below:
North Carolina’s anti “patent troll” legislation has some interesting laws.
The following article in the North Carolina Bar Association blog by Daniel Walker Cole discusses this topic.
The following is an exert from this article:
“Suppose you are a small company in California asserting a patent against a North Carolina-based company. You gathered finances, hired a lawyer, and filed a complaint. Now you are ready to start litigating your patent infringement case, but you receive a summons for violating NC 75 Article 8. This may seem utterly fantastical, but under North Carolina’s anti “patent troll” legislation it is not.
Next to issues surrounding 35 USC section 101, the supposed abusive litigation by “patent trolls” is one of the most discussed issues in patent law. North Carolina, along with several other states, has enacted laws aimed at curbing this practice. The law, however, suffers from several potential pitfalls. It gives North Carolina courts personal jurisdiction over anyone who sues a North Carolina based entity for patent infringement, even if the patent infringement suit takes place in another state. Lack of contacts, other than serving a North Carolina based entity, are irrelevant. Accordingly, a discussion on the likelihood of federal preemption follows.”
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