Are PAEs Different? The Legal Treatment of Patent Assertion Entities in Europe and the United States

Patent assertion entities are playing an increasing role in patent litigation, in both the United States and Europe. Analyzing the resulting case law, mainly in the SEP/FRAND context, this article shows similarities as well as differences in the approaches taken by U.S. and EU courts. These distinctions can assist policy makers as they consider various proposals for patent law amendments in their jurisdictions.