‘The Federal Circuit found that the district court abused its discretion in failing to issue a permanent injunction. While there is a public interest in safer generators, there is also a public interest in the security of patent rights.’
We agree and applaud the court for an exemplary decision. If inventors and small entities cannot enforce our property rights including the right to exclude competitors and all others from using our inventions without permission, we have no hope of commercializing the technologies we often risk all to develop and bring to market. This is a great step, but we still face many obstacles at the PTO and in some courts as overall it is far too hard, expensive and lengthy for us to get and enforce our patents as a result of the America Invents Act (known by inventors as the America STOPS Inventing Act, or ASIA for short as that is where it has sent all our jobs and in large measure why America can’t find a descent paying job) and various court decisions such as Alice which in our view illegally and unjustly strip us of Constitutionally acknowledged and protected property rights. Administrative review of issued patents for example, does not in our view square with fundamental and traditional property rights in America. To deny us access to the courts and American juries on questions of our most valuable property rights is unjust, unfair and in our view illegal. No one would have questions of their home ownership determined in an administrative review. Why then should we have our most valuable property rights determined so? There is good reason why Americans have for well over two centuries dating back to England claimed the right to a trial by a jury of our peers.
Still, this is certainly a step in the right direction. The court got it right and we greatly appreciate their support and integrity.
For our position and the changes we advocate to truly reform the patent system, or to join our effort, please visit us at https://aminventorsforjustice.wordpress.com/category/our-position/
or, contact us at firstname.lastname@example.org