[tzs]

> enacted the America Invents Act, which gives patents to the first-to-file

That was not hostile to the tech sector. First to file vs. first to invent is neither favorable to nor unfavorable to the tech sector, and the AIA contains some strong anti-troll provisions which are quite favorable to the tech sector.

[tptacek]

In particular, as 'tzs has been at pains to point out on HN for years now: AIA first-to-file means that two competing claims to the same patent --- two people rushing to file the same patent on essentially the same idea at the same time --- can now be adjudicated a simple, predictable measure rather than by "first to constructive invention". It is probably not much of an exaggeration to suggest that the previous standard was, in effect, "the party with the best lawyer wins".

First-to-file only matters when you have two parties eligible for the same conflicting patentable idea. It does not create some new gold rush of patentability; it applies only in the tiny minority of cases where two people are filing conflicting patents simultaneously. It's possible that there hasn't been a single widely-known trolled patent that was obtained under these kinds of circumstances.

MEANWHILE: AIA also includes provisions that prevent trolls from joining together defendants in suits into a single case in the troll's jurisdiction. Since that was a major part of the litigation M.O. for patent trolls, it's hard to look at AIA as a win for trolls.