NJ’s ‘Patent Troll’ Law Would Have More Bark Than Bite

October 27, 2014 – In The News

Richard C. Woodbridge was quoted in the Law360 article, “NJ's 'Patent Troll' Law Would Have More Bark Than Bite.”Full text can be found in the October 27, 2014, issue, but a synopsis is below.

The New Jersey Legislature is considering a bill that would make it the latest state to punish bad-faith assertions of patent infringement by “patent trolls.”While the law is well-intentioned, there are concerns that it may be weak because of federal jurisdiction issues.

According to Richard C. Woodbridge, the bill's concept was sound but that it would be difficult to implement in practice.

"It's not entirely clear to me how this bill would play out, given that patent litigation is the domain of the U.S. District Court," said Woodbridge. "It strikes me as a little bit odd to offer relief through the Superior Court given that many of these demand letters are going to come from an out-of-state entity, which would likely make the dispute federal even if it wasn't related to patent law.”