‘which is more important, justice or convenience?’

Of the many problems for inventors in the patent system, the most significant is our inability to get injunctions. But without injunctions inventors can have no exclusive right to their inventions as the Constitution provides for:

Section 8 – Powers of Congress…

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

Therefore, securing the ‘exclusive right’ of inventors is not just a power of the federal government, but a core responsibility. James Madison and other founders regarded it as ‘the first object of government’. Without injunctions theft is permitted to continue and even condoned if not encouraged.

The only bill we know of which makes an effort to correct the problem does so by attempting to force the 4 factor test of SCOTUS more nearly back to the prior established rule of the CAFC (which we believe was far more just and Constitutionally correct) where the courts would ‘issue permanent injunctions against patent infringement absent exceptional circumstances’, by eliminating the first 2 factors. But that still leaves the last 2 factors which falls far short of the CAFC standard as had been the law for decades. Those last 2 factors are…

(3) that considering the balance of  hardships between the plaintiff and defendant, a remedy in equity is warranted; and

(4) that the public interest would not be disserved by a permanent injunction

As to number 3, often times an injunction will be inconvenient for infringers. No doubt they will argue it would place an extreme hardship on them. However, as the court will have already entered a finding of infringement, why should it matter if the infinger is inconvenienced? Returning stolen property to its rightful owner is always inconvenient…for thieves. In the case of private property and in our view, inconvenience of thieves should never be a consideration for enforcing justice. To do so would be a great injustice. Which is more important, justice or convenience to thieves? We believe this is clear error by the courts. It is wholly inconsistent with fundamental American ideals.

Keep in mind, often times defendants have several months or even years to negotiate with inventors prior to any time when an injunction can be issued. If they cant come to terms in that amount of time, clearly an injunction is necessary to force them to the bargaining table with a more determined mindset to negotiate in good faith. Seldom is there any reasoning to be done with thieves, short of at gunpoint.

That reminds us of a passage in Mark Twain’s ‘Roughing It’ where a passenger in a stagecoach who when during a rest stop accidentally shot a cow of a nearby rancher  expressed no interest in compensating the owner until the rancher came out with a shotgun and convinced him otherwise. In contrast, infringement is seldom if not rarely accidental.

As to number 4, it is also possible that injunctions may be an inconvenience to some in the public, but again which is more important, justice or convenience? Though an injunction may be an inconvenience to some in the public, the continued access to new technologies a strong patent system, as supported by a just issue of injunctions, will far outweigh any isolated and temporary inconvenience to some in the public. No doubt, any unmet demand in commerce will readily be filled by enterprising, industrious, and honest American businesses either under license with the inventor or in partnership with. As James Madison wrote over 200 years ago in Federalist No. 43 , “The right to useful inventions seems with equal reason to belong to the inventors. The public good fully coincides in both cases with the claims of the individuals.”

We stand ready to provide assistance to all our friends in Congress to draft wording for such a measure to effectively restore the Constitutionally recognized and guaranteed right of injunctions to inventors.

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‘for less than the cost of defending’

http://thehill.com/opinion/healthcare/351701-patent-abuse-is-undermining-american-health-care

‘At that time, “patent trolls” were using old, questionable patents to extort money from high-tech companies that independently developed innovative products. Because patent litigation can be expensive, the trolls were able to generate settlements for less than the cost of defending their often specious claims.’

So say large multinational infringers (invention thieves) and their Chinese style propaganda machine. Who funds and controls this group? Our guess is it’s some of the same large infringers who defrauded Congress into passing AIA.

Let’s deconstruct their misinformation. First, as we say if enforcing our property rights makes us trolls, then call us all trolls. Since when did it become extortion to assert property rights in America and acceptable to steal them?

What agents of thieves don’t tell you is these ‘less than the cost of defending’ settlements are often far less than any realistic market value of the property they have stolen. The bigger the thief, the bigger the theft…and their lies.

Often  times our large competitor-infringers make a fortune on our inventions and block us from commercializing because so many courts are now so weak on protecting property that we have no fair chance to prevail so we are forced into taking what we can get from our large competitors who now are free to rob us blind. Meanwhile, these crooks ship more and more jobs off shore. When they cant export jobs they import workers that displace Americans. Don’t believe the lies of thieves. Just because they call it ‘reform’ doesn’t mean it is. All their ‘reforms’ do is make it easier for them to rob and crush us.

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

‘huge mistake’

http://www.ipwatchdog.com/2017/09/15/failed-ptab-experiment-colossal-mistake/id=87542/

‘Congress made a huge mistake in creating the PTAB.’

We agree, but the mistake goes further. The full error was in passing AIA, or as we prefer to call it the America Stops Inventing Act, or ASIA for short as that’s where it sends America’s jobs.

Simply put, the purpose of the patent system is to encourage inventors. But AIA did nothing but discourage. No doubt, post issue review is a huge part of the problem, but there were many other severe problems in the bill such as first to file, expedited processing, etc. No, there was nothing in that bill that was good for inventors. In fact, it did manifest harm and may prove to be irreparable if Congress waits too long to correct. Meanwhile, small entity patents and filings will continue to evaporate.  They are now running only about 10% of their historical shares, if not less. Obviously then, for us the patent system is in crisis. This is what we get when large multinational infringers commandeer certain Congress members into locking out inventors from cmte hearings and instead swing the door open wide for large infringer propaganda patsies. Yes, AIA is a disaster for America, but a windfall for large multinational infringers (thieves). Any time thieves win, America loses. AIA must be repealed.

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

‘the American patent system is now crummy’

For inventors, the American patent system is now crummy. We can make the lunch (invent), but we can’t eat it (commercialize or equitably benefit from). All we get are the crumbs, if any are left.

In a patent system that forces us to fight to get, keep and enforce patents for our inventions we simply have no fair chance. That is why our issued patents and filed applications have plummeted from their historical shares and why our large competitors are now free to eat our lunch. Yes, there is now such a thing as a free lunch.

Congress, we need your help. Pass our measures into law. The more you pass, the more fully America’s invention based pipeline will fuel America’s economy and create new jobs for America.

‘pretend to have interest’

As submitted to us by an inventor…

“Large companies pretend to have interest in purchasing technology. Instead they use the info they obtain to invalidate patents. Patents are invalidated by PTAB based on nonsense logic. These companies seem to have secret connections at the patent office. They also use info from due diligence to try to file their own patents and engineer work arounds. Long court fights result in a settlement favorable to them.

There is basically no protection against this kind of behavior. In fact, a case can be made that current laws promote ip theft.

But even if your dream patent bill were to pass, any business model built on using the legal system for monetization with the way the Court’s operate today is a loser for all but the lawyers. Have you checked out the price for a patent suit lately? Or the cost of a re-exam?

Patents are worthless to all but the largest companies as the patent law is presently applied.

By the way, the average person couldn’t care less about patents or ip theft.”

It is criminal what has happened to the patent system. It now only protects large infringers (thieves).