‘Individuals and businesses in the U.S. have been unfairly required for decades to defend patent suits in far off locales adding cost, complexity and unpredictably to the intellectual property marketplace.’
So say infringers (thieves). The fact is the opposite. When small entity inventors have to sue our large competitors in their backyards where they dominate the economies and can influence the selection or election of judges we have no fair chance of prevailing. If we are robbed by our large competitors in any state where they have a meaningful presence or are doing business, shouldn’t we be able to sue them there? Hasn’t that always been the case in American law with torts? So if a robbery occurs in a given state by someone of another state or country, the state in which the robbery occurred has no recourse and the accused thief must be tried in his state or country? Based on this decision American colonists would still be transported and tried in England. That brings to mind a colonist grievance from the Declaration of Independence…
‘For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States’
It now appears large multinational thieves are similarly being protected, enabling them to rob us with impunity. So our large multinational competitors can now come to our state and rob us then force us back to their state or country to sue them? By what sensible doctrine is that just? Thomas Paine wrote in Common Sense “government is at best a necessary evil”.
But what is patent infringement, if not theft? Inventions are property AND the first object of government is to protect them. So said America’s founders. All such court decisions relegate inventions to second class property, at best, and encourage if not legalize their theft. Does America need another war of independence…from SCOTUS? These are the sort of decisions that make a growing number of Americans believe appeals in patent cases to SCOTUS should be ended. Do they know what they are doing? Has the court become a safe harbor for thieves? They show no respect for or even recognition of property rights.
All these decisions do is make it easier for our much larger competitors to rob and crush us. Show us a country with weak or ineffective property rights and we’ll show you a country with high unemployment and a weak economy. Congress must now act to restore property rights in America. When thieves win America loses.
For our position and the changes we advocate (the rest of the truth) to truly reform the patent system, or to join our effort, please visit us at https://aminventorsforjustice.wordpress.com
or, contact us at firstname.lastname@example.org