Abstract
The United States Congress is attempting to tackle a perceived problem with so-called ‘patent trolls’ by introducing legislation directed at the particular traits attributable to these patent holders. Two of these proposed provisions involve fee-shifting and heightened pleading standards. The problem is that these legislative proposals are not narrowly tailored, but rather are blunt instruments that will likely impact all patent holders. This threat is particularly problematic for the pharmaceutical industry, where the proposed patent reform is likely to disrupt the delicate balance established for Hatch-Waxman-type litigation.
Declaration of interest
The author has no relevant affiliations or financial involvement with any organization or entity with a financial interest in or financial conflict with the subject matter or materials discussed in the manuscript. This includes employment, consultancies, honoraria, stock ownership or options, expert testimony, grants or patents received or pending, or royalties.