Comments on: Patent Reform 2013 – A Discussion Draft

By: hifederal

hifederal — Fri, 27 Sep 2013 14:41:25 +0000

Yes I think weve got to reduce discovery costs drastically to get the issue settled and the patentee paid before the incentive to create is destroyed these things have been draging on for 15 to 25 years rediculious limit the case time to 6months from file to verdict. Also limit the amount the biggest pockets litigant can spend and start a maximum trial cost for either side to level the playing field

By: staff1

staff1 — Fri, 27 Sep 2013 14:06:02 +0000

‘abusive litigation tactics’large infringers definition of ”abusive litigation tactics’:when we are suedJust because they call it “reform” doesn’t mean it is.”patent reform”…America Invents Act, vers 1.0, 2.0, 3.0…â€œThis is not a patent reform billâ€ Senator Maria Cantwell (D-WA) complained, despite other democrats praising the overhaul. â€œThis is a big corporation patent giveaway that tramples on the right of small inventors.â€Senator Cantwell is right. All these bills do is legalize theft. Just because they call it â€œreformâ€ doesnâ€™t mean it is. The paid puppets of banks, huge multinationals, and China continue to brain wash and bankrupt America. They should have called these bills the America STOPS Inventing Act or ASIA, because thatâ€™s where theyâ€™re sending all our jobs.The patent bill (vers 1, 2, 3, etc) is nothing less than another monumental federal giveaway for banks, huge multinationals, and China and an off shoring job killing nightmare for America. Even the leading patent expert in China has stated the bill will help them steal our inventions. Congress passed it and Obama signed it. Who are they working for??link to usatoday.com…Patent reform is a fraud on America. Congress and Obama are both to blame. This bill will not do what they claim it will. What it will do is help large multinational corporations maintain their monopolies by robbing and destroying their small entity and startup competitors (so it will do exactly what the large multinationals paid for) and with them the jobs they would have created. They have already damaged the US patent system so that property rights are teetering on lawlessness. This bill will only make it harder and more expensive for small firms to get and enforce their patents. Without patents we cant get funded. In this way large firms are able to play king of the hill and keep their small competitors from reaching the top as they have. Yet small entities create the lion’s share of new jobs. According to recent studies by the Kauffman Foundation and economists at the U.S. Census Bureau, â€œstartups arenâ€™t everything when it comes to job growth. Theyâ€™re the only thing.â€ Meanwhile, the large multinationals ship more and more jobs overseas. This bill is a wholesale destroyer of US jobs. Those wishing to help fight this bill should contact us as below.Small entities and inventors have been given far too little voice on this bill when one considers that they rely far more heavily on the patent system than do large firms who can control their markets by their size alone. The smaller the firm, the more they rely on patents -especially startups and individual inventors. Congress and Obama tinkering with patent law while gagging inventors is like a surgeon operating before examining the patient.Those wishing to help fight big business giveaways and set America on a course for sustainable prosperity, not large corporation lobbied poverty, should contact us as below and join the fight as we are building a network of inventors and other stakeholders to lobby Congress to restore property rights for all patent owners -large and small.Please see link to truereform.piausa.org… for a different/opposing view on patent reform.link to facebook.com…link to piausa.wordpress.com link to washingtonexaminer.com…link to hoover.org…

By: Frequent_Runner

Frequent_Runner — Fri, 27 Sep 2013 01:41:11 +0000

Which of you is the real 6?

By: Frequent_Runner

Frequent_Runner — Fri, 27 Sep 2013 01:39:38 +0000

Laches.

By: Frequent_Runner

Frequent_Runner — Fri, 27 Sep 2013 01:39:01 +0000

Why do patentlyo folks like this system?Every stupid troll suit = a plaintiff patent attorney + a defendant patent attorney.As stupid troll suits increase and the verdicts hit the news, more people want to be trolls = more patent filings, reexam filings, etc. (more patent prosecution work across the board). Patent troll sues large company, large company has to hire more in house counsel to deal with this problem = a job for you.Looser is the US economy, the winners are patent attorneys everywhere in the US.Now you understand why patentlyo folks like this system. Maybe you will start liking it too.

By: Frequent_Runner

Frequent_Runner — Fri, 27 Sep 2013 01:33:50 +0000

Are you talking about the settle for $5000 low end trolls or the high end trolls? It wouldn’t make economic sense for a high end troll to sue a company with no revenue.I just gave securities litigation as an example. There are some ADA trolls that go around hitting small businesses for not having wheelchair ramps in their toilets or small school districts for not having some type of new unproven instruction technique for the mentally challenged.Loser pays seems fair to me for both sides.

By: Badger ESQ

Badger ESQ — Thu, 26 Sep 2013 23:54:03 +0000

I would love any bill that required patent infringement plaintiffs to play their cards upfront: infringement contentions and claim construction. Patent infringement is strict liability. Patents are written ex parte of the accused. And there’s almost no evidence of actual copying or of bad faith misappropriation. I can think of no other area of law where the benefit of the doubt is against the accused who was otherwise uninvolved.It never ceases to amaze me that courts and folks on sites like patentlyo.com think that there is some fairness in the current pleading standards, heightened invalidity standards, and the mechanics of claim construction in modern patent litigation. It’s flat out stupid.It puts the accused infringer behind the eight ball on both infringement and invalidity. For the savvy patent plaintiff, patent litigation can be an elaborate shell game that makes even “slam dunk” defenses expensive to maintain. It tilts the scales in favor of the plaintiff at least in the early (and expensive) part of the game.As in-house counsel, the costs of even addressing “stupid” patent demands (which is like 95% of them) exceed our annual spend on prosecution and that’s not counting internal time and executive time. Somewhat against my own interest, I would love, love, love to see a decent patent come across my desk.

By: BoulderPatentGuy

BoulderPatentGuy — Thu, 26 Sep 2013 20:10:59 +0000

Does anyone know why there has not been an “adverse possession” law entered for patents? That is, if you don’t use the patent, someone else can? Similar to real property? Or, if there has been a discussion around such a law, where has it gone?

By: LB

LB — Thu, 26 Sep 2013 18:35:44 +0000

“And I would add that, if this is all so simple and fair, why wouldn’t the defendant have all of the same obligations in its answer? “Nobody has said anything about it being simple. As far as fairness is concerned, however, the plaintiff can have all the time it wants to prepare a complaint, subject only to the statute of limitations. The defendant gets 21 days to file an answer, maybe a few weeks more if everyone is feeling generous.

By: Ned_Heller

Ned_Heller — Thu, 26 Sep 2013 18:17:56 +0000

Good you brought this up.Congress pay attention to what in house just said.