The dramatic surge in the number of so-called copyright troll cases filed in recent years has forced judges and counsel alike to develop creative approaches to manage them. This article will provide an overview of copyright troll litigation, briefly discuss proactive steps businesses can take to minimize the risk of being sued, and explore potential litigation strategies for responding to troll cases.

What Is a Copyright Troll?

A copyright troll is a plaintiff who is “more focused on the business of litigation than on selling a product or service or licensing their copyrights to third parties.” “A copyright troll plays a numbers game in which it targets hundreds or thousands of defendants seeking quick settlements priced just low enough that it is less expensive for the defendant to pay the troll rather than defend the claim.”