FTC Commissioner Julie Brill said Congress shouldn’t wait for...

FTC Commissioner Julie Brill said Congress shouldn’t wait for the commission to complete its study of patent assertion entities before proceeding with its work on legislation meant to curb alleged patent litigation abuse from PAEs. The FTC voted in late September to begin working on the study into PAE business practices using its authority under Section 6(b) of the FTC Act (CD Sept 30 p15). Some critics of legislation including the House-passed Innovation Act (HR-3309) and the Patent Transparency and Improvements Act (S-1720) have argued that Congress should delay the bills until the FTC completes its 6(b) study to provide more empirical evidence on the extent of patent litigation abuse. Brill believes the study when completed “will be put to good use by Congress and others who examine closely the activities of PAEs,” she said in Las Vegas at CES Wednesday. Congress should also “act with deliberate speed to implement those proposed reforms that will further these goals,” Brill said in remarks prepared for delivery. “If, after our PAE 6(b) study is completed, it appears that additional reforms are warranted, Congress can consider further action at that time.” The FTC, Department of Justice and state law enforcement agencies shouldn’t wait for the FTC study’s completion to take enforcement action if they “uncover PAE activity that is in violation of current law,” Brill said (http://1.usa.gov/1euM86a).