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FTC Likely to Conclude Study on Patent Assertion Entities by End of 2015, Commissioner Says

The FTC is likely to conclude its ongoing study of patent assertion entities’ (PAEs) business practices by the end of 2015, but Congress shouldn’t wait for the FTC’s report to pass legislation aimed at curbing patent litigation abuses, said FTC…

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Commissioner Julie Brill on Wednesday. Brill said during a joint American Antitrust Institute-Computer and Communications Industry Association event that she's “hopeful that Congress will act in the near future” to curb patent abuses. Brill noted the House’s passage of the Innovation Act (HR-3309) and commitments by incoming House Intellectual Property Subcommittee Chairman Darrell Issa, R-Calif., to return to the patent abuse issue in the 114th Congress. Efforts to curb patent litigation abuse stalled in May when Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., removed his Patent Transparency and Improvements Act (S-1720) from the committee’s agenda (see 1405230056). The FTC also won’t wait to curb patent litigation abuses, Brill said, referencing the FTC’s recent settlement with MPHJ Technology Investments, which prohibits the PAE from sending out deceptive patent demand letters from small businesses and other entities (see 1411060044). The FTC would be open to issuing an interim report on its FTC study, but will only do so if there is “definitive” information available for release, Brill said.