Fortunately none of these concerns have fully come to fruition. However, Taiwan’s PAE Industrial Technology Research Institute has already begun aggressively asserting more than 20 patents in the Eastern District of Texas. These aggressive assertions should be a warning that the problem with state-sponsored PAEs should be addressed early. It is already common for people covering the patent wars to use cold war terms such as “mutually assured destruction.” The last thing we need is to be involved in an actual patent cold war.
David Balto is an antitrust attorney in Washington, D.C. He previously served in the Antitrust Division of the Department of Justice and the Federal Trade Commission.