This report constitutes a policy statement that is heartening to those seeking reform of patent abuses in that its recommendations might prove influential with the USPTO (which is at the front lines of dealing with such practical issues as how to deal with indefinite claims), with courts (which ultimately interpret challenged claims in the context of infringement fights), or with Congress (which ultimately sets standards in this area). Among its several recommendations, the report calls out the activities of "patent assertion" entities (i.e., trolls) for the adverse effects their activities have on innovation. The long-term hope is that such a report, in so persuasively highlighting the problems caused by trolling activities, will influence the USPTO, the courts, and the Congress to implement real reforms to curb the abuses.
The immediate impact on any party that is highly litigious in this area (troll or not) will be negligible, in my view. The courts will apply existing law to the pending fights and will decide the cases one way or the other without regard to longer-term policy principles. This does not mean that aggressive litigants will always win (Blackboard didn't) but it does mean they will pose difficult problems for those who have to endure their bullying tactics.
Still, it is nice to see some of the major problems truly identified and dealt with in a sharp way, as this report does. A real surprise, coming from the FTC.
