12 Feb

‘Staying patent infringement cases against end users until cases against manufacturers are resolved’

How is that OK?

Patents grant the owner the right to exclude others from making, using, and selling-covered products. That’s tantamount to saying we can only enforce first against the biggest, baddest infringers out there with far deeper pockets than us before we can enforce against others more nearly our size. It’s also like saying we must first introduce our product into the worst possible markets and have success there before we enter far more favorable markets where we can gather some momentum and help finance entering other markets. This proposal is also likely to get us transferred to a very slow and outright hostile jurisdiction -our biggest infringers back yards. Whatever happened to ‘take on someone your own size’?

Bad idea. Think again. This is an example of why we need to caution against unintended consequences and move slowly and thoughtfully with feedback from all stakeholders before acting.


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