American Inventors for Justice

We have no rights

“…we are Indians. We have no rights”

At around the 1 minute mark of the above film a character discusses his belief that the rights of Indians were not recognized. Many inventors will tell you that today they have no rights as SCOTUS, Congress, the Patent Office and the White House have turned their backs on us and permitted our large competitors to rob and crush us at will. We cannot get patents for our inventions and even in the unlikely event we do after years or even decades of fighting, we are unable to keep them when attacked by competitors in post issue review. If by some miracle we survive those serial challenges, we have little hope of enforcing our patents in courts that do not respect our property rights due in large measure to a Supreme Court who apparently believes property rights only apply to our large infringing competitors, if not only to the court itself. Double standard, hypocrisy?

When the federal Congress and courts cease to uphold the rights of citizens of the member states they become oppressors and promote injustice rather than justice. Should the federal government be reorganized or reconstituted with severely limited powers to fit their limited purpose as originally intended? When we expect more of any government than they by reason or design were intended we overburden them so that they cannot fulfill their original mandate and purpose. That the federal government does not enforce property rights for our inventions is clear proof of that. To no small degree SCOTUS has been complicit in that historically by refusing to constrain the federal govt as required by the Constitution and in so doing has aided the federal government in overreach and usurping powers they were never granted or intended to have. Meanwhile, attempting to do what they cannot and should not do they fail to do that which they can and by all reason should do: what they were created to do…protect property rights of inventors, etc (“the exclusive Right to their respective Writings and Discoveries”). At the very least many believe SCOTUS needs to be reorganized into sections where judges with a knowledge of and respect for property rights decide patent cases.

For our position and the changes we advocate (the rest of the truth) to restore the patent system, or to join our effort, please visit us at https://aminventorsforjustice.wordpress.com/category/our-position/
or, contact us at aifj@mail.com

‘plague of patent trolls’

‘https://www.economist.com/business/2019/12/14/the-trouble-with-patent-troll-hunting

First, let’s clear the air and inject some rationalism…

patent troll=small competitor

If you own anything and seek to claim your rights, how can there be anything wrong with that? No doubt, from the perspective of large multinational infringers (thieves), any time a small competitor sues to stop their theft they feel they have been wronged. But how can it be that the party who has stolen be the party being wronged? What about the party whose property was stolen? As we say, don’t believe the lies of thieves and their doctrine of theft. We can plainly see the dissembling going on here just as easily as all others who are clean and sober. As Mark Twain said, ‘truth is not hard to kill, and (that) a lie well told is immortal’.

All this talk of ‘trolls’ is merely an attempt by modern day cattle thieves to rebrand stolen technology to conceal their theft. Don’t believe the lies of thieves. A measure of Frontier justice for these land pirates would serve them right. The federal courts and Congress must now do their jobs or get out of the way and let the states handle this if the federal government does not have the will or courage.

As to the other common false accusation by large serial thieves about those who use ‘patent rights with an eye to extorting payments from supposed infringers’, it can cost us millions in court to sue infringers. If we are not substantially sure about our case, we will not risk our precious capital…as little as we have. Again, don’t believe the lies of thieves and their partners in crime.

All the changes made by Congress, the Courts and the prior White House in response to these fictional claims of large infringers have destroyed our patent system. Small entity filed aplns and issued patents have collapsed, and with good reason.

Is property dead in America? Is America dead? Either way, we certainly believe America’s ‘golden door’ has closed. Will it ever reopen? We are fighting to do just that and bring those responsible to justice.

“go to the gators”

When we contemplate nature and the circumstances of animals in the wild where the law of nature is eat or be eaten, such as an alligator in wetlands and the other species unfortunate to cohabit with them, it makes our daily condition as humans and any complaints we may have against one another seem so trivial and unworthy of attention.

Yet when we consider the differences in our existences to those other animals or even to other humans from centuries or even decades ago, or even today in other parts of the world, it forces us to consider why our circumstances are so vastly different.

As Abraham Lincoln once said of the American patent system, it “added the fuel of interest to the fire of genius in the discovery and production of new and useful things”. Without these perpetual and self perpetuating advances we question if our circumstances would be significantly better than the unfortunates cohabiting with the alligator.

No, our grievances with large multinational infringers (thieves) who have promoted their doctrine of theft in the destruction of our patent system are not trivial. Rather they are of the utmost weight and vital to the interest of not just America, but to all society as a whole worldwide. Either we effectively protect the property of inventors that they may have a realistic expectation they will be able to commercialize their inventions, or they will go to the gators (the unjust, as Socrates might have said) and in time the rest of society will follow.

“private property”

‘http://press-pubs.uchicago.edu/founders/documents/v1ch3s4.html

“the three great and primary rights of personal security, personal liberty and private property”

To secure life, liberty and property has for centuries been the purpose of government in the minds of Americans and our founders and even their ancestors dating back to the middle ages in England. Blackstone as in the above article by Samuel Adams wrote of it. James Madison went so far to say that it was the protection of our ‘faculties’, or creations and discoveries that was the “first object of government”. Yet changes in our laws since the 2005 SCOTUS Mercexchange decision have severely eroded any such protection to where it can no longer be said inventors have any material right to their inventions. Even if we can get a patent after fighting the Patent Office sometimes for decades we have no chance of successfully enforcing them. That explains why small entity patents and applications have so plummeted to only about 10% of their historical share, if not less and still falling.

Our bill will reverse that where inventors will once again have a realistic expectation we will be able to commercialize our inventions. Congress, we need your help. Pass our bill.

‘got secret information under the guise of a working relationship’

‘https://fortune.com/2020/01/10/apple-masimo-cercacor-patent-suit-heart-monitor-tech/?iid=sr-link1

‘Masimo, which develops signal processing technology for health-care monitors, and its spinoff, Cercacor Laboratories Inc., claim in a lawsuit that Apple got secret information under the guise of a working relationship and then hired away key employees, including Michael O’Reilly, who became vice president of Apple’s health technology efforts.’

This is what happens when countries have weak or ineffective patent and other property rights. The wealthy and influential use their greater size and connections to take what they want, knowing they can buy ‘justice’ in the unlikely event push comes to shove. We have seen it and experienced it personally since the calamitous eBay SCOTUS decision. Large competitors no longer have a credible risk of having their feet held to the fire so they steal now and worry about the unlikely chance they will have to pay later. As we say, show us a country with weak or ineffective property rights and we’ll show you a country with high unemployment and a weak economy. Welcome to the new America.

Our bill will change all that and restore our patent system back to where inventors will once again have a realistic expectation we will be able to commercialize our inventions. Congress, pass our bill.

‘he first contacted’

‘https://fortune.com/2019/12/27/apple-sued-doctor-watch-heart-technology/?iid=sr-link1

‘He said he first contacted Apple in September 2017, giving the Cupertino, California-based company detailed information about the patent.’

This is an all too common experience for inventors. We bring our discoveries and developments to companies for whom it would appear such technologies would be of interest only to be told as William Orton of Western Union told Bell, “what would I do with such a toy?”. Yet within a couple years they contracted with Edison to circumvent Bell’s patent.

https://www.theguardian.com/technology/2007/aug/06/bellvwestern

This is the way of business, certainly big business, as noted by Ralph Waldo Emerson. Without a strong patent system inventors have no chance. This is tragically the present state of our patent system. That’s why so many of us have exited from inventing and why the small entity shares of patent and application filings have collapsed. Our bill will change all that back to where inventors will once again have a realistic expectation we will be able to commercialize our inventions. Today we have none. Congress, pass our bill.

‘become a dictatorship’

‘https://ok.ru/video/349348104846

In the above film “Judgment at Nuremberg (1961)” beginning at 28:40, a German law professor as witness describes the changes in the position of judges and the German legal system at the time the Nazis came into power preceding WW2.

“The position of the judges was one of complete independence…The right to appeal was eliminated…The (Supreme) Court was replaced by Peoples and special courts.”

In essence, Constitutional courts were replaced with administrative “courts”, with “judges” who were now controlled by a ‘dictatorship’. Inventors have first hand knowledge of these types of “courts”. They have unjustly and unlawfully stripped us of our rights and property.

Has America completely degenerated from a Republic to a democracy (which James Madison and other founders regarded as mob rule) and finally into a dictatorship like Nazi Germany? Who sponsored the America Invents Act which in part denies our access to lawful courts for our most valuable properties? Who were the majority judges in the Alice, eBay and other such SCOTUS decisions which deny our very right to our inventions and our right to an injunction to stop their theft, among other attacks on our rights? Do they have “complete independence”?

‘invalidate these patents without rhyme or reason’

‘https://www.ipwatchdog.com/2019/12/15/five-years-later-the-us-patent-system-is-still-turning-gold-to-lead/id=116984/

‘They continue to invalidate these patents without rhyme or reason.’

We agree. Since the eBay decision in 2005, a collection of decisions from SCOTUS have made it impossible for inventors and small businesses to obtain worthwhile patents. Whatever we get from the Patent Office after years of fighting them is essentially worthless. We cant enforce them. Meanwhile, our large multinational infringing (thieving) competitors carry the store out the front door in broad daylight. Is the day of the generalist judge in our high court past?

We believe SCOTUS must be reorganized as in our bill with judges who are expert in patent law hearing all IP cases -judges who recognize and respect property and other ‘unalienable’, Constitutional and ‘natural’ rights. It’s time to restore our patent system starting at the top.

For us this patent system is a con artist who coerces inventors to keep paying in order to keep our applications alive to have any hope of ever benefiting from them, though in reality as it now stands there is none. Inventors, say hello to your federal government.

‘classified file from the Patriot missile program’

‘https://finance.yahoo.com/news/u-says-accused-apple-secrets-010000983.html

‘classified file from the Patriot missile program’

As we wrote earlier, national security has always been an important reason for countries to have thriving technology and industrial sectors. American colonists learned quickly about those needs as our developing country was predominately agricultural based and found it necessary to secure arms elsewhere to support our effort to separate from England. You can’t make guns and ammunition from a wheat field and you can’t fight a war with ox and plow. We exported raw materials to England and in turn imported all finished goods from and through them as England unjustly imposed on us.

But you can’t have either thriving technology or industrial sectors without strong property rights. Industrialists will not build factories unless they can own them. We will not build them for the state to seize. Nor will inventors create technologies if they can’t own their creations and discoveries -if others are permitted to take what they want and defy us to stop them while our laws make it harder, slower, and more expensive for us to obtain patents and when the courts unjustly refuse to enforce any patents we may get after years or even decades of fighting the Patent Office to obtain. They continue to deny our rights. These are important reasons why the small entity share of issued patents has collapsed over the last several years. Why should we invent?

Yet despite these intolerable conditions the mainstream media continues to ignore our plight. We keep sounding the alarm, but they keep rolling over and hitting the snooze button just as many in the courts and Congress have. Meanwhile, our patent system continues to calcify on its way to petrify, through various stages of putrefy. Why has the main stream media been so quiet on this? They gasp over isolated theft of technologies out our back door while large multinational looters continue to carry away the store through the front like a procession of ants.

‘FBI wishes it had acted quicker’

‘https://news.yahoo.com/fbi-wishes-had-acted-quicker-215815401.html

‘FBI wishes it had acted quicker as China stole intellectual property’

How can it be that one department in the federal government laments failing to stop theft of inventions while the courts, Congress and the White House have all since the mid 2000’s acted to permit and even sanction that theft? For example, SCOTUS with it’s eBay v Mercexchange decision made it nearly impossible for inventors and small businesses to get injunctions to stop invention thieves. Their Alice decision made it impossible for us to get strong worthwhile patents and invalidated those we already had, while the America Invents Act in part made it impossible for us to keep our patents if we try to enforce against thieves -offshore or on. We prefer to call that bill the America STOPS Inventing Act or ASIA for short as that is where it has sent all our skilled good paying full time jobs. The FBI lament, mere PR or not, changes nothing. The grand theft of America’s ‘faculties’ continues unhindered. Until our bill is passed nothing will materially change, certainly not for the better. Congress, pass our bill.

	staff on “quietly acquired”
	staff on ‘out in front’
	‘admissions of… on ‘seriously defective…
	‘STRONGER Pate… on ‘Industry funding of uni…
	staff on ‘inhibit innovation…