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As Ron Katz’s article at the end of this paper indicates, it is very difficult to legislate againstcertain NPE tactics. As mentioned earlier in this paper, reasonable minds can differ onwhether there is even a problem with NPEs at least measured by the data available on filedlaw suits and adjudications. In December of 2014 at a patent reform discussion held by theFederalist Society for Law and Public Policy Studies, former Chief Judge Paul Michel, whoheaded the U.S. Court of Appeals where patent cases are heard, stated that the push forpatent reform comes from “massive PR and what I would characterize as propaganda.” 23However, businesses across America are reporting to their elected officials and state andfederal regulators that NPEs are costing their businesses money by attempted enforcementof invalid patents.V. Strategies for Dealing with NPEs.A. Responding to the Cease and Desist Letter.It is important to review and understand the allegations in the letter sent by the NPE. If theletter is vague and lacking specifics as to what products or services offered by the businessare infringing and how they are infringing the business should seek more specifics. Thisbuys more time to conduct due diligence on the patent and the NPE. The businessreceiving the cease and desist letter and licensing demand needs to determine whether:1. It makes or uses the patented invention;23 Grant Gross, Conservative Lawyers Question Need for Patent Troll Legislation, PCWorld (Dec. 2,2014), http://www.pcworld.com/article/2854532/conservative-lawyers-question-need-for-patent-trolllegislation.html.10951932.2 11

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