“What’s improper, Detkin warns, is inferring based on this subset of patent activity onto NPEs as a whole. “They take that point and then say ‘therefore, all patent assertion by non-practicing entities is bad.’ And that’s like saying all personal injury litigation is bad.” Are there people who game the personal injury system? Sure, says Detkin. “But that doesn’t mean we should eliminate the entire personal injury system because, on balance, we think it serves a purpose.”
But, here’s the real question, where is the line drawn between the bad actors and the good actors? And, are the bad actors increasing in number and effect? One can’t look at the dramatic growth in NPE’s and not be troubled.
