“While fee shifting in circumstances of abusive or frivolous actions makes sense and can benefit startups, anything broader will no longer be about deterring abusive behavior but instead will create an entrenched advantage for larger companies in the patent system.”
But the courts already have the power to sanction bad actors. What these bills do is take that discretion away from the courts and impose one size fits all solutions. That’s like ‘fat guy in a little coat’. The results will be similar. Just because they call it ‘reform’ doesn’t mean it is.
Also, we caution everyone to refrain from using the phrase ‘patent troll’. All this patent troll and ‘reform’ talk is mere dissembling by China, huge multinational thieves and their paid puppets. 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 have already damaged the American patent system so that property rights are teetering on lawlessness. Simply put, their intent is to legalize theft -to twist and weaken the patent system so it can only be used by them and no one else. Then they can steal at will and destroy their small competitors 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. Meanwhile, the huge multinationals ship more and more American jobs to China and elsewhere overseas.
The level headed members of Congress need to step up and be heard before Congress does further damage to the patent system. It’s time for Real patent reform.