This article discusses the Support Technology & Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patents Act, introduced in the House of Representatives on last Tuesday, March 22.

Title II of the Act closely follows the language of the 2015 TROL Act and specifically addresses the problem of patent trolls.

The Act:

• Defines “demand letters which are sent by patent owners in bad faith, including when the letter sender has no right to pursue civil action or otherwise makes misleading statements about the infringement allegations;”
• “empowers the Federal Trade Commission (FTC) to enforce against bad faith demand letters as an unfair or deceptive act violation;”
• “and preempts any state law which expressly governs the transmission or contents of communications related to the assertion of patent rights.

However, the act does not, in my view, effectively address the issue that many patent trolls are holders of valid but questionable (for example because very broad) patents. It seems difficult to me to establish a standard that puts these patent trolls on fair notice of when they are allowed to enforce their patents and when they are sent in bad faith.