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Given the constitutional constraints of limiting the patent right and the risks inherent intrying to limit certain NPEs while protecting others, e.g. individual inventors who do notcommercialize the invention or universities that generate many patentable inventionsthrough the research of faculty but do not commercialize, focusing on improving the qualityof patents by weeding out overbroad, obvious and vague patents at the issuance stageremains critical. Clearly courts have a part to play in managing patent litigation brought byany party, including NPEs, to achieve early disposition of cases before trial and managingand limiting discovery abuses that are often part and parcel of these NPE lawsuits.Legislative initiatives that improve the patent examination process to improve the quality ofpatents and the efficiency of patent litigation are also important and should be supported byall sides in this debate.10951932.2 21

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