October 2017 – American Inventors for Justice

‘annals of cynical corporate subterfuges’

‘http://www.latimes.com/business/hiltzik/la-fi-hiltzik-allergan-tribe-20171019-story.html

‘In the annals of cynical corporate subterfuges, it would be hard to top the effort by the drugmaker Allergan to fend off a patent challenge by selling its drug rights to a rural New York Indian tribe.’

Some people, large infringers and co conspirators only see what they want to…or what they’re paid to.

First, let’s clear the stench from the propaganda of such large multinational infringer (thief) PR articles:

patent troll=small competitor

Now that we have a proper footing to begin an honest discussion, let’s also correct another misreported or propaganda element in the Times piece.

Any one has the right to sell their property to whoever they choose. That new owner then has the right to use the property as they see fit in any legal manner and benefit from whatever legal framework they operate within. If the new owner has a valuable right to avoid having their property revoked in a pseudo legal proceeding in an unlawful ‘court’ then they should certainly do so. They would be fools to not.

The problem with the Times piece is they seem to have been hoodwinked by the Chinese style propaganda of large multinationals. All their ‘reforms’ ever do is make it easier for them to rob and crush their small competitors. We believe the present PTO post issue proceedings deny inventors our right to a trial by jury -a right which America’s founders held as ‘inalienable’, recognized and guaranteed in our Constitution, and has roots back to the middle ages in England and Magna Carta. Has the Times or its reporter simply been snookered by giant thieves, or are they part of their propaganda machine? Because their article does not allow comments, and because of other articles by this reporter (lobbyist?) we suspect the latter. All he knows about patents is…he doesn’t have any.

Is the Times blatantly blocking honest open public debate? Isn’t that censorship? Were they paid to run that one sided article?

Large newspapers conspired to ruin inventor Samuel Morse in the 1800’s by running biased articles against him and his businesses when he refused to give them a discount for telegrams over his telegraph system. Whose ox is being gored here? Can big business of any industry ever really be trusted -publishers or otherwise? The bigger the crook the bigger their lies and corruption.

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

drastically weakened “obviousness”

‘http://thehill.com/opinion/energy-environment/355558-its-vital-that-the-supreme-court-defend-agricultural-innovation

‘Earlier this year, Samsung asked the Supreme Court to overturn an unusual decision by the federal circuit that drastically weakened “obviousness,” a standard in patent law by which inventions are compared to previous patents in order to determine whether or not a competitive development is sufficiently innovative and thus deserving of a patent.’

Poppycock! All large multinational infringers want to do is to corrupt property rights so only they may obtain and enforce patents. Then they can rob and crush their small competitors at will. We’re effectively there now. The truth is the original and only true standard for patentability is in the American Constitution: is the invention useful, or does it advance the sciences. Any standard beyond that only serves infringers, not inventors or America. Don’t believe the lies of thieves and their Chinese style propaganda machine.

‘AIA was intended to stymie patent trolls’

‘http://thehill.com/opinion/healthcare/355725-medical-innovation-shouldnt-lead-to-tribal-warfare

‘The AIA was intended to stymie patent trolls that bought up patents they never intended to use. Hedge funds, individuals and companies purchased patents not with the intent to protect their manufacture of innovative products, but to sue innovators who had their own, similar patents. Stopping this practice was a laudable goal that made sense for technology like software code and cell phone hardware. ‘

So say large infringers (thieves) and their friends of a feather.

Let’s get real…

patent trolls=small competitors

First, inventors no longer have a fair chance to commercialize their inventions as a result of a patent system which has been so debased by the propaganda of thieves that our patents are nearly worthless…if we can even get them. Therefore, our only chance at benefiting from our inventions is to sell our patents or sue for infringement those who are stealing them. Do you really think we’re going to sit idly by while we’re repeatedly robbed and left for dead? Suggesting that those who buy our patents don’t have a right to enforce them is sheer stupidity. If they cant enforce them, they will not buy and we will have no chance at benefiting from our inventions. No doubt that’s what the large multinational infringers who float these lies are aiming at.

To the contrary, anyone who buys a building or a truck has a right to refuse to let others use them. Why should inventions be any different? Property is property. This nonsense is pure dissembling by thieves. The bigger the crooks, the bigger their lies.

This is just mindless prattle by self interested snobs. Those large entities (certain large universities, etc) who sat by and watched the patent system being deconstructed and sold for spare parts and did nothing to stop it fully deserve the devastation that has now reached them. Have they no shame? Their goal is not to build a patent system that protects all inventions -just theirs (and their giant thieving pals). That way they can keep their small competitors from obtaining and enforcing patents against them and their big tech partners in crime while getting and enforcing their own patents. It’s a doctrine of theft. Are they really any better than lobbyists of large infringers? Hell No!!!

In our view there are NO existing bills that will restore the patent system to any meaningful extent. All existing bills will do is at best keep the status quo so large multinationals can continue to rob and crush their small competitors. In contrast, we are working with our friends in Congress to draft a bill that truly will restore the patent system. Please see our list of proposed measures which is the basis of that bill(s).

America cant afford any more fake reform of large multinational infringers and their co conspirators. Just because they call it ‘reform’ doesn’t mean it is.

‘Congress unwisely granted’

‘https://thepatentinvestor.com/subscribe/?_s2member_vars=post..level..0..post..5391..LzIwMTcvMTAvcmV0aXJlZC1mZWRlcmFsLWNpcmN1aXQtY2hpZWYtanVkZ2UtbWljaGVsLXNlZXMtYXF1YS1wcm9kdWN0cy1kZWNpc2lvbi1zaG9ydC10ZXJtLXZpY3RvcnktcGF0ZW50LW93bmVycy8%3D&_s2member_sig=1507730401-b811743c4fdac668e568968ec62b2ba6

As judge Michel wrote…

‘For in the AIA, Congress unwisely granted the PTO nearly unlimited authority to frame regulations as it wishes.’

But it gets worse. Most importantly, post issue administrative review such as included in AIA deprives inventors of their right to a trial by jury. That is a right America’s founders held as ‘inalienable’. The large multinational infringers (thieves) who wrote that law knew well what the outcome would be. When they control certain members of Congress and PTO management there is little to stop them from systematically and continuously robbing and crushing their small competitors. That’s why we have the courts and juries to better and independently secure our rights and our property. Inventors cant afford these pseudo judicial/administrative proceedings at the PTO so there we get steamrolled by our large infringers. What AIA did was transfer appreciably all the expense of patent litigation from defendants to plaintiffs -in the case of inventor plaintiffs, to those least able to afford it. It can cost us half a million dollars if not much more for attorneys fees in a post issue admin review such as created by AIA. But in court we have access to contingent litigators. Even then our large infringers have an army of attorneys so we’re still in a fox hole, but at least we have a fighting chance.

For example, it is common for inventor plaintiff attorneys to be outnumbered 20/1, if not more. In one inventor plaintiff case it was approximately 200/1. So all AIA did was further legalize theft of our inventions. Now inventor rights are all but dead. The collapse in inventor shares of filed applications and issued patents is living proof. AIA must be repealed or replaced and the patent system restored. Congress must stop letting large multinational infringers (thieves) write the laws.

‘patent reform’

‘https://patentlyo.com/patent/2017/10/orrin-patent-reform.html

‘patent reform’

simply put:

patent trolls=small competitors

patent infringement=invention theft

CONGRESS BEWARE. When large infringers and those closely connected to them (connect the dots) draft legislation you can bet all those changes will do is make it easier for them to rob and crush their small competitors. Don’t believe the lies of thieves. Just because they call it reform doesn’t mean it is.

‘Property is property’

‘https://townhall.com/columnists/setonmotley/2017/10/03/why-are-so-many-republicans-so-stupid-about-patents-n2390127

‘Property is property, and the GOP is supposed to be the Party that protects property. Yet so many Republicans are actively on the wrong side when it comes to protecting IP, which is titanically stupid.

The mythical beast the GOP (and the Left) is allegedly looking to slay is the “patent troll,” which is just a little less real than actual conservative Republicans.

Republican California Congressman Darrell Issa is the richest member of Congress. How did he get there? With his car alarm systems, all of which were protected by… patents. Yet he is the lead House dog looking to bite the IP hand that so brilliantly fed him.

The lead Senate dog attacking IP is Utah Republican Orrin Hatch. Who just wrote this massive bit of nonsense:

“Our nation’s patent system has been in need of serious reform for many years. So-called “patent trolls” – entities that don’t actually make or sell anything but that instead buy patent licenses merely to extort settlements – have become a serious drain on our economy. According to one study, patent trolls and their frivolous lawsuits cost our country nearly $80 billion per year.”

This is just one giant, stupid lie.’

‘inventors only succeed 3% of the time’

‘https://www.pwc.com/us/en/forensic-services/publications/assets/2017-patent-litigation-study.pdf

According to the 2017 PWC Patent Litigation Study at page 17, inventors (those who are not commercializing their inventions, as we often do not have the necessary capital nor can we get it unless we win at trial and obtain an injunction against a large competitor) succeed in district court in enforcing our patents only 18% of the time. But that does not include appeal where plaintiffs only succeed (decision affirmed) 17% of the time. Altogether then, inventors only succeed 3% of the time. It does us no good to win at district, if we then lose on appeal. We still lose in the end. Obviously, these fights are fixed. Can there be any wonder why many inventors chose to settle than fight? Patents are often nearly worthless for us in the present system, between the Patent Office and many courts.

Plus, if we end up at SCOTUS our chances of success are further substantially reduced. Based on their decisions since at least 2005 (eBay, Alice, etc.) we can only conclude they hate us and property rights, if not worse. Add to that how we now have to fight the patent office for years to even get our patents and the picture for us is beyond bleak.

These are powerful reasons why inventor issued patents and filed applications have plummeted to only about 10% of their historical shares, if not less and still dropping. Why on earth would anyone want to invest their family’s future in something that has so small a chance of succeeding? Unquestionably then, for us the patent system is in crisis. For us, it truly has become a sport of thieves and now nearly completely separates the haves from the have nots. Congress, are you listening…SCOTUS, CAFC?

	staff on ‘loosening of patenting…
	staff on ‘misused as tools of agg…
	staff on As we have been saying.
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