What is being proposed is that there be the ability for someone to kill FUD proactively.
Right now, you can go to court and tell the Judge "this company is hurting my business by publicly threatening to sue me, I don't believe they have a case and I want you to publicly say so", and if the Cour agrees that this is the case (including that you really have reason to feel threatened), they can force the company to show the Judge their side of the case. This isn't a full trial, and I believe that the Judge interprets any ambiguity in favor of the other company, but it's possible (but not easy) to get a ruling to shut them up.
What Max is suggesting is to extend this a bit in the patent space.
This isn't forcing them to fully assert their claims at any time, but it's giving them a chance to head off infringement (which they should want to do), or be in a position to get treble damages later, but what they would need to do is to identify which patents they have that they think someone else's product infringes on, when that person asks them to.
They know their own patents (at least in theory), so this should not require a lot of effort on their part, 'merely' reading the description provided to them and returning the relevant patents.
At this point, the company with the new product has the option of fighting or licensing the patents identified.
Yes, it will be a biased list, but it's better to get a biased list that you can fight than to have no place to get started.
And if they just give you a list of every patent they own, you should be able to go to court and say "we sampled these 50 patents that they said we infringe, out of the 2000 patents they say we are infringing, here is why we don't infringe on these 50, we want a judgement that based on this sample, we don't infringe on any of them"
Trolls (including patent pools) won't like it because it forces them to be specific, for them vagueness is their strength (we won't tell you what you are doing wrong, but pay us for the privilege of doing it. If we tell you what you're doing wrong you could stop doing it instead of paying us)
People who have real patents will be able to do a better job, ones with standard essential patents should be able to trivially identify them by just referring to the standard that's implemented.
I read recently that half the patents in the MPEG-LA pool have expired, but you still are buying a license to them when you get a pool license.
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