http://patentlyo.com/patent/2015/06/technical-district-litigation.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+PatentlyO+%28Dennis+Crouch%27s+Patently-O%29

19 Jun

The cost of discovery, which falls disproportionately on accused infringers, can motivate those accused infringers to settle patent litigation for valuations based on the cost of avoiding further litigation, rather than on the value of the patented technology.

But in fairness, that cost can and often is substantially less than an infringers exposure based on the value of the invention. Often patentees -especially small entities, are willing to settle for a substantial discount as working capital is frequently sorely needed. That is the plight of small entity patentees. Large infringers know that and game the system when they delay, delay, delay. This bill will only encourage that behavior.

No doubt, if infringers are permitted to delay litigation expenses they will also delay negotiations until they begin incurring meaningful costs. Meanwhile, the patentee continues to be damaged. Justice delayed is justice denied as they say. Balance is sorely lacking in these bills. If infringers are not only going to be permitted or even encouraged to delay negotiations until later in the case which in some districts could take years, inventors and small entities are left spinning in the wind -especially since injunctions are now often no longer obtainable by inventors. All these changes to is make it easier for large infringers to thumb their noses at their small competitors.

“patent reform”…America Invents Act, vers 1.0, 2.0, 3.0…

“This is not a patent reform bill” Senator Maria Cantwell (D-WA) complained,
despite other democrats praising the overhaul. “This is a big
corporation patent giveaway that tramples on the right of small
inventors.”

Senator Cantwell is right. All these bills do is legalize theft. Just because they call it “reform” doesn’t mean it is. The paid puppets of banks, huge multinationals and China continue to brain wash and bankrupt America. If you tell a lie often enough and can dupe others to repeat that lie, eventually it is accepted as fact. As Mark Twain said, ‘truth is not hard to kill, and (that) a lie well told is immortal’. Those who use the amorphous phrase ‘patent troll’ expose themselves as thieves, duped, or doped and perpetuate the lie.

They should have called these bills the America STOPS Inventing Act or ASIA, because that’s where they’re sending all our jobs. These changes are killing our small and startup firms and the jobs they would have created. The present bill (vers 1, 2, 3, etc) is nothing less than another giveaway for huge multinationals and China and an off shoring job killing nightmare for America. Even the leading patent expert in China has stated these bills will help them steal our inventions.

Patent reform is a fraud on America. These bills will not do what they claim they will. What they 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 they paid for) and with them the jobs they would have created. For the last several years now they have been ransacking and looting small entities taking everything they can carry. They have already damaged the US patent system so that property rights are teetering on lawlessness. These bills 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, “startups aren’t everything when it comes to job growth. They’re the only thing.” Meanwhile, the large multinationals ship more and more American’s jobs overseas. These bills are a wholesale destroyer of American jobs.

It’s about property rights and jobs. When government fails to uniformly and justly enforce property rights they contribute to the wealth and power of the well placed few, suppress the ability and rights of the rest to make better lives for themselves and their families, support giant monopolies that enslave and impoverish the public, and commandeer the government.

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, and the jobs they bring.

for a different/opposing view on patent reform, please see…
http://truereform.piausa.org/default.html
https://piausa.wordpress.com/
http://thehill.com/blogs/congress-blog/judicial/236343-caution-is-necessary-in-patent-troll-debate
http://www.iam-magazine.com/blog/Detail.aspx?g=30b6cec4-c53e-4939-8731-8b6e8404db9a
http://humanevents.com/2014/10/22/depriving-property-rights-is-patently-offensive/

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