“Although Kappos claims that previous studies lack a “transparent and appropriately scoped definition of ‘patent troll,’” almost all the previous research papers have extensive discussions of how they identify PAEs. Moreover, using these definitions, it turns out that summary statistics from these sources are rather close to the corresponding estimates from CKS. For example, Patent Freedom counts “non-practicing entities” (NPEs) using a definition that corresponds roughly to CKS categories 2 through 5. RPX uses a definition that includes the first five CKS categories plus category 7 plus operating companies that sue outside of their industry (not counted in CKS). Feldman et al. count patent monetizers corresponding to CKS categories 2 through 5, and 7.”
The AIA Expanded paper can be found here.
The full Patently-O post can be found here.