March 2018 – American Inventors for Justice

‘This important piece of legislation…’

‘https://cpip.gmu.edu/2018/03/20/the-stronger-patents-act-the-house-receives-its-own-legislation-to-protect-our-innovation-economy/

‘This important piece of legislation will protect our innovation economy by restoring stable and effective property rights for inventors.’

We sadly disagree, but certainly wish it was so. In our view the bill as it now stands will do nothing to appreciably help inventors, but it will probably help certain large universities and their large multinational research investors who are far more often defendants in patent suits. It appears they have had a substantial hand in this bill. Notice how universities are to be granted the micro entity discount. Considering some large universities have endowments in the billions and how in contrast inventors often risk their life savings to bring our inventions to market, that they should pay less than inventors is simply unfair. The rest of the bill likewise appears to be written from their perspective if not by them and for their benefit alone. Inventors will still be blocked from commercializing our inventions as we will not be able to get injunctions and we will still lose any patent we get in post issue admin reviews.

IN short, for inventors patents will still be far too hard, slow, and expensive to get, keep, and enforce. Such bills are little more than another nail in our coffin. So the rich will get richer and the patent system will be even worse of a sport of thieves.

We truly welcome the participation of all our friends in Congress who want to restore the patent system and not just continue to tilt the playing field in favor of large infringers (thieves) and their partners in crime: to ‘reform’ it to death. We are drafting our bill and hope to work with all of them. Let’s work together to restore.

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 devastation to inventors is far worse.’

‘http://www.ipwatchdog.com/2018/03/21/how-google-and-big-tech-killed-the-u-s-patent-system/id=95080/

‘Federal District Court with the traditional protections to patent owners invalidates 28.76% of patents as of 2015. ‘

The devastation to inventors is far worse. According to the 2017 PWC patent lit study, inventors now only succeed through appeal 3% of the time.

‘inventors only succeed 3% of the time’

Obviously, these fights are fixed. That explains why small entity issued and filed applications are now running only about 10% of their historical shares. Why on earth would anyone risk bankruptcy on such a lark. Truly, for inventors the patent system is all but dead -murdered by the firms you reference, but there are others. All you need to do is research who backed and promoted AIA. That will expose all the thieves who had a hand. Together they now loot and ransack their small competitors. There are no longer any disincentives to their grand theft. Inventors must take back the patent system. Then we will find an appropriate punishment for the thieves who conspired against property rights.

We are now forming committees to draft our bill in coordination with our friends in Congress based on our proposed measures which will restore the patent system.

‘claw their way back to the district court’

‘http://www.ipwatchdog.com/2018/02/15/asserting-patent-rights-u-s/id=93803/

‘claw their way back to the district court’

We agree. Any law which denies our right to a trial by jury, or appreciably diminishes that right must be struck. These post issue proceedings can cost us upwards of $1M. We don’t have the cash so we end up defenseless and lose by default. That quickly we have lost our invention we have invested all in and so many years of our lives.

So that’s justice?? The unfairness is mind numbing. That in large measure explains why inventors now only succeed through appeal 3% of the time. Why on earth would anyone invest their life savings and family’s future in such a lottery ticket? Even on the rare occasion when we do win the CAFC shreds our damages -we rarely if ever are awarded more than $5M even though the benefit to infringers (thieves) is substantially more, or even enormously. So in America, crime does pay. And because we can no longer get injunctions thanks to the SCOTUS eBay decision, crime keeps on paying and paying and paying…

One inventor while asserting a patent against large infringers ended up in one such proceeding. Lacking any alternative he defended pro se and after a more than one year struggle lost the patent he had worked for over 10 years to obtain. In an interview at the PTO for that proceeding as he signed in at the desk there was another party in a separate proceeding who had at least 5 attorneys representing them. So much for a level playing field. This is America??

For inventors the American patent system is largely rubble. We can’t get patents and when we surprisingly do we can’t keep or enforce them. For us the patent system is a sport of thieves, allowing our large competitors to rob and crush us.

‘America’s pathetically easy to abuse patent system’

‘http://thehill.com/opinion/white-house/377603-uspto-needs-to-be-forced-to-do-its-job-and-reject-bad-patents

‘America’s pathetically easy to abuse patent system’

We agree, it is easy to abuse…by large multinational infringers.

We have seen numerous ‘articles’ posted by Holt, all of which in our view spread the doctrine of theft. Who does he work for?

We noticed the org in his byline he states he works for includes no reference to him.

http://www.instituteforliberty.org/index.php?submenu=staff&src=gendocs&ref=staff&category=Main

Caught in a lie? Again, who is he working for? Is it the large multinationals who are plotting to destroy the American patent system so they can rob and crush their small competitors?

‘truth is not hard to kill…’

‘http://thehill.com/policy/technology/377677-week-ahead-tech-and-politicians-descend-on-sxsw

“the persistence of patent trolls”

Take a look at their page on the SXSW site…

https://schedule.sxsw.com/2018/events/PP71729

Then take a look at the Engine web site…

http://www.engine.is/about/

Notice ‘Consumer Technology Association’? Inventors will tell you they are a trade group for some of the world’s biggest serial infringers (thieves). Don’t believe the lies of thieves. Just because they call it reform doesn’t mean it is. All their changes ever do it make it easier for them to rob and crush their small competitors. Has SXSW sold out and are they now actively promoting the doctrine of thieves?

The patent system now teeters on the brink of lawlessness. Call it what you will…patent hoarder, patent troll, non-practicing entity, shell company, etc. It all means one thing: “we’re using your invention and we’re not going to stop or pay”. It’s a pure red herring by large invention thieves and their paid puppets to kill any inventor support system. As Mark Twain said, ‘truth is not hard to kill, and (that) a lie well told is immortal’.

‘pig in a poke’

About 10 years ago an inventor was told by a contingency litigation firm that his then patent applications were ‘a pig in a poke’ and that the firm had no interest in taking on assertion as no patent had yet issued. Today the situation is quite different. Today even after a patent issues the inventor still has nothing tangible. For example, according to the PWC 2017 Patent Litigation Study inventors have only a 3% chance of winning through appeal. Even then on the rare occasion we do win the CAFC bashes the daylights out of our damages so that we end up walking away with only a moral ‘victory’ at best. With those odds and results contingency firms would rather we instead literally brought them something in a sack.

That explains why small entity issued patents (and filed applications) have sunk to only about 10% of their historical share, if not less and still falling. Yet small entities create the lion’s share of new jobs in America. That then explains why America can’t find a good paying full time job and why our college graduates can’t find jobs in their fields of study and are forced to take low wage and part time jobs…if they can find any. Is the American dream dead?

Meanwhile, large multinational infringers are sending more and more American jobs overseas. When they can’t export jobs they import workers that displace Americans. For inventors and many other Americans our patent system and with it the hope of good paying full time jobs are now a pig in a poke.

	staff on ‘loosening of patenting…
	staff on ‘misused as tools of agg…
	staff on As we have been saying.
	staff on “ruling on patents could…
	staff on “quietly acquired”