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Month: July 2015
Patent reform defectors emerge in House
They also throw light on ZTE’s decision …
‘They also throw light on ZTE’s decision to become involved in the debate around US patent reform – it joined the pro-reform group United for Patent Reform earlier this year – and makes reference to the Chinese company receiving possible “PR support” from Google.’
As we said, don’t believe the lies of Chinese and multinational thieves. Just because they call it ‘reform’ doesn’t mean it is.
‘inventor killing legislation’
“In the rush to pass inventor killing legislation, only one inventor was allowed to testify in House Judiciary Committee hearings and inventors were silenced altogether by the Senate Judiciary Committee. Almost all of the hearing witnesses were supportive of the patent infringer lobby, which is anti-inventor. I guess if you know your bill will significantly damage the pro-innovation climate that has existed for generations, it’s better not to ask any questions of those it harms.”
True, so true.
As Congress appears to be rushing towards a massive “patent reform” bill, inventors, entrepreneurs and defenders of Intellectual Property are becoming increasingly concerned
‘Congressman Goodlatte’s Innovation Act (H.R. 9) is too broadly written and will penalize numerous inventors and companies who develop and commercialize patented innovation. Further, it is based on flawed and unreliable data about “patent trolls.” Rather than rushing to pass this legislation, we should slow down and ask more questions. Only by asking questions will we understand the potential downfalls, unintended consequences, and effects on all stakeholders of the innovation economy.’
What is a patent troll? Neither Congress or those who use the vague phrase can define it. If you cant define it, how can you regulate it, or even determine if there’s anything wrong with it which requires regulation?
Inventors will tell you the reason why these proponents don’t define it is because what they truly are trying to stop is their small competitors from suing them for infringement and the risk of injunctions which would close markets to them. They want free reign to steal their small competitors inventions and run them out of business. That is the true intent of the Chinese and multinationals who are behind these bills.
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‘Lawmakers are preparing to vote…’
‘Lawmakers are preparing to vote on the Innovation Act, which would gut the patent protections that enable innovators to create and manufacture new products. Without strong patents, companies will scale back research and development projects and lay off thousands of workers. To protect American laborers, legislators must oppose the Innovation Act. ‘
How right you are.
However, we respectfully disagree with you on ‘patent trolls’.
What is a patent troll? Don’t buy the lies and distortions of Chinese and multinational invention thieves.
The patent system now teeters on the brink of lawlessness. Call it what you will…patent hoarder, patent troll, non-practicing entity, shell company, etc. It all means one thing: “we’re using your invention and we’re not going to stop or pay”. It’s a pure red herring by large invention thieves and their paid puppets to kill any inventor support system. Their goal is to legalize theft. For the last several years now they have been ransacking and looting small entities taking everything they can carry. The fact is, many of the large multinationals and their puppets who defame inventors in this way themselves make no products in the US or create any American jobs and it is their continued blatant theft which makes it impossible for the true creators to do so. Invention thieves well know many inventors lack the resources to enforce their patent rights so their only recourse is to sell to others who do have the resources. Otherwise, large invention thieves just thumb their noses at you and steal at will.
Prior to the Supreme Court case eBay v Mercexchange, small entities had a viable chance at commercializing their inventions. If the defendant was found guilty, an injunction was most always issued. Then the inventor small entity could enjoy the exclusive use of his invention in commercializing it. Unfortunately, injunctions are often no longer available to small entity inventors because of the eBay decision so we have no fair chance to compete with much larger entities who are now free to use our inventions -in other words, steal. Essentially, large infringers now have your gun and all the bullets. Worse yet, inability to commercialize means those same small entities will not be hiring new employees to roll out their products and services. And now those same parties who killed injunctions for small entities and thus blocked any fair chance at commercializing now complain that small entity inventors are not commercializing. They created the problem and now they want to blame small entities for it. What dissembling!
The patent legislation working its way through Congress is harmful to American innovation, inventors and small businesses
The patent legislation working its way through Congress is harmful to American innovation, inventors and small businesses. HR-9 weakens patents and property rights as guaranteed in our Constitution. And it gives a big assist to China in the global marketplace,” said Dan Schneider, Executive Director of the American Conservative Union. “We’ve yet to see any of President Obama’s massive overhaul proposals to produce good results. We don’t think this latest effort will be any better than Obamacare,” he added.
The groups’ ad campaign begins Monday with full-page ads in both The Washington Post and The Washington Times along with a comprehensive digital advertising campaign throughout the week. A vote on HR-9 is expected in the House the week of July 20th. Even if passed the bill faces a steep challenge in the Senate.
“Our economy is still struggling. We have had one of the worst post recession recoveries in American history and we continue to teeter on the brink of another recession. The American people need Congress to promote and pass pro-growth policies that help American innovation, not harm it. This legislation is anti-growth and stifles innovation. The timing could not be worse,” said David McIntosh, President of the Club for Growth. “The American people did not give the GOP a majority in both Houses of Congress in 2014 so they could pass laws that harm American ingenuity and economic growth,” he added.
A link to the ad can be found here.
“This legislation undermines the Constitutional rights of American inventors and is destructive to future innovation. HR-9 helps China and hurts the United States, and the many innovators who continue to invent life saving products and devices. China’s weak patent system has led to rampant abuse and stealing of many American inventions. The GOP is pushing legislation that weakens our patent system and emulates China’s. This is both bad policy and bad politics,” said Phyllis Schlafly, Founder and President of Eagle Forum.
– See more at: http://conservative.org/acu-club-for-growth-and-eagle-forum-launch-ad-campaign-against-hr-9/#sthash.vCUnUaLV.dpuf
A Patent ‘Reform’ Ruinous to Our Nation’s Health
‘The charitable explanation is that too many of my colleagues took the mega-corporations’ bait that the act will reduce the high cost of frivolous litigation. A more convicting explanation is that, like so much other legislation — including Obamacare itself, its mind-dulling, eye-glazing verbiage went unread.’
Will the rank and file of Congress follow the lead of Chinese and large multinational lobbyists like lambs…pulling America along to the slaughter?
The truth is ‘bad’ patents rarely occur. The PTO will grant patents, sure, but rarely do they cover anything of consequence. And to get a narrow patent an inventor must fight tooth and nail for years. The problem is not the patents that are issued, but those that are not. That is the real problem, not this fictional tale proffered by thieves and those they have duped.
Even when the rare ‘bad’ patent is issued it will rarely matter. Small entities rely on contingent firms to enforce their rights. Those law firms will go through your patent with a fine toothed comb. If they don’t believe in your patent, they will not take your case. It’s that simple. So this contrived argument of bad patents is a ruse by large invention thieves to cover up their theft and justify what they call patent ‘reform’.
A little known part of patent reform endangers all patents
‘the so-called “covered customer stay” provision. In essence, “customer stay” allows a manufacturer to step in and take on accusations of patent infringement in court, shielding retailers, consumers and other “covered customers” whose own lawsuits would be “stayed” (or suspended) until the patent owner and manufacturer have sorted out their dispute.’
‘….the reform narrative is grossly overwrought and vastly exaggerated’
The issue this provision in the bill is intended to address seldom happens for good reasons. First, such small infringers seldom have the money to pay even if the inventor wins a judgement in court. That alone makes them unlikely targets. Second, inventors avoid suing such small entities because it will not look good in court. Juries may favor the small business defendant and the affect could prejudice the case. Inventors do not want to look like bullies in court. All we are trying to do is protect our inventions from theft -most often by far larger competitors.
Rather, these isolated instances are vastly overplayed by large infringers in an attempt to sway Congress into essentially legalizing theft by large multinational and Chinese firms, which has been happening in Congress now since the America Invents Act (AIA), or what inventors like to call the America Stops Inventing Act or ASIA for short as that is where such bills send all the jobs that would otherwise be created by the inventors and firms that would be commercializing those inventions. What this provision will in essence do is make it legal to buy and use stolen property and shield the ill got gains of manufacturers, retailers, and other infringers, no matter how large they may be. Don’t believe the lies of invention thieves.
Further, if the products in question truly are covered by patents, why would Congress want to in essence shield thieves -no matter how small they may be?
University exception to fee shifting in PATENT Act
‘It just doesn’t seem appropriate to sweeten the pot for Universities in an attempt to buy off their opposition while other patent owners, including small businesses and startup companies that overwhelmingly create the most jobs are not similarly exempted.’
Texas inventors agree. It is now extraordinarily difficult for inventors and other small entities to get and enforce their patents. Our large competitors are substantially now held unaccountable and free to steal as we are unable to bring them to justice. We propose a number of changes that will restore strong patent protection for all inventors -large and small, as Americas founders intended and as is consistent with fundamental American principles of property rights.