> Trolls do it backwards, they go out and find companies that are already producing it and then threaten them with forcing them to stop.
That's a very narrow view of the situation. Ask yourself, where do trolls get these patents? Well, there's at least one study [1] about that, and the answer is pretty complex. But in the context of this thread, the relevant information is that trolls get a significant chunk (about 29%) from individual inventors.
It's important to note that not everyone is like the inventor in TFA. As an individual, it is very difficult to get companies to license your patent, especially since both sides know that the only way to enforce it is a very expensive, complex and uncertain lawsuit. So these inventors may often "outsource" the enforcement to NPEs.
If you want to see this in action, go to CES. Many well-known trolls like Acacia actually have a booth at CES, and most of their traffic is from individuals who drop by to say, "Hey, I have this patent that XYZ probably infringes..."
That's a very narrow view of the situation. Ask yourself, where do trolls get these patents? Well, there's at least one study [1] about that, and the answer is pretty complex. But in the context of this thread, the relevant information is that trolls get a significant chunk (about 29%) from individual inventors.
It's important to note that not everyone is like the inventor in TFA. As an individual, it is very difficult to get companies to license your patent, especially since both sides know that the only way to enforce it is a very expensive, complex and uncertain lawsuit. So these inventors may often "outsource" the enforcement to NPEs.
If you want to see this in action, go to CES. Many well-known trolls like Acacia actually have a booth at CES, and most of their traffic is from individuals who drop by to say, "Hey, I have this patent that XYZ probably infringes..."
1. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1792442