The words “manufacturer” and “innovation” often go together like “peanut butter” and “jelly.”  Many manufacturers spend years developing processes and products that they then must protect by using the legal system such as through obtaining patents, trademarks, etc.

Over the past several years, many manufacturers have learned that there are entities in the marketplace known as “patent assertion entities” (a.k.a. “patent trolls”).  Patent trolls do not manufacture anything.  Rather, they often buy up patents and then bring lawsuits against businesses seeking to extract licensing fees.  This issue has resulted in calls to reform the patent system, including from President Obama, Congress and attorneys general from 42 states.  Any manufacturer or distributor that has anything to do with patents should follow these developments and we will venture to keep our readers updated.

For further reading, the White House has issued a press release on the President’s proposals and the attorneys general from 42 states have sent a letter to Congress asking for legislative measures to curb patent trolls.  Not everyone agrees with these measures, including Professor Timothy Holbrook from Emory University School of Law whose views are reported in the following article on CNN.

We welcome any comments or questions on this topic.

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Photo of Jeffrey White Jeffrey White

I am a partner at Robinson+Cole who handles corporate compliance and litigation matters for both domestic and international manufacturers and distributors that make and ship products around the world. My clients have ranged from publicly traded Fortune 500 companies to privately held and/or…

I am a partner at Robinson+Cole who handles corporate compliance and litigation matters for both domestic and international manufacturers and distributors that make and ship products around the world. My clients have ranged from publicly traded Fortune 500 companies to privately held and/or family owned manufacturers. For those looking for my detailed law firm bio, click here.

I am often asked why I have focused a large part of my law practice on counseling manufacturers and distributors. As with most things in life, the answer to that question is tied back to experiences I had well before I became a lawyer. My grandfather spent over 30 years working at a steel mill (Detroit Steel Company), including several years in its maintenance department. One of my grandfather’s prime job duties was to make sure that the equipment being used was safe. In his later years, he would apply those lessons learned in every project we did together as he passed on to me his great respect and pride for the manufacturing industry.

Because of these experiences, I not only feel comfortable advising executives in a boardroom, but also can easily transition to the factory floor. My experience has involved a range of industries, including aerospace and defense, chemicals, energy, pharmaceuticals and life sciences, nutritional and dietary supplements, and retail and consumer products. While I have extensive experience in litigation (including product liability and class actions), I am extremely proactive about trying to keep my clients out of the courtroom if at all possible. Specifically, I have counseled manufacturers and distributors on issues such as product labeling and warranties, product recalls, workplace safety/OSHA, anti-trust, and vendor relations, among other things. I always look for the business-friendly solution to a problem that may face a manufacturer or distributor and I hope this blog will help advance those efforts.