‘The most shocking aspect of the eBay case…’
Yes, in our view the eBay decision was alarming. The end result is that it stripped our ability to get injunctions against our large competitors. Without them we have no chance of commercializing our inventions. Yet the Constitution states:
‘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;’
How can anyone have exclusive right to any property if others are free to use (steal) it? Has SCOTUS dissolved our Republic and voided the Constitution by color of law?
Truly, SCOTUS has crushed our hopes of ever commercializing our inventions and when considered with all their other calamitous patent decisions they have rendered since eBay they have destroyed our property, our rights, and our families. Where is the ‘and justice for all’ we recited every morning as children in school? Have they voided that passage too? Is there anything left they have not voided? Who gave them that power? Have they usurped? How can they be for America if they are against property? That is why one our our measures (6) proposes to remove patent cases from SCOTUS in entirety. It appears to us patent cases have become too complex and need a special court whose justices have technical backgrounds or at least substantial experience with patent cases to better adjudicate them.
Further, beginning perhaps post Renaissance, the world has gradually been evolving into an age of specialization. No longer is the artist a painter and sculptor as well as an architect and engineer. The depth and breadth of fields now includes hundreds of years of investigation and advancement. There is simply too much for one to absorb and attain proficiency in multiple fields.
Similarly, case law has long since expanded beyond a single volume of Coke on Littleton. Volumes cannot contain our case law. It now fills libraries and servers. There is simply too much case law for one to know to be proficient -certainly as a general practitioner, and certainly not for a field so specialized as invention has become. To successfully implement such a wide spectrum of law specialization is now required. Today no one would even consider going to their family doctor to have a tooth extracted. Nor would one go to their family doctor for open heart surgery. There is simply too much to know and fields have become so vastly more complex with hundreds of years of development and advancement. Law in that regard is no different from the sciences. Specialization is required. We believe that clearly applies to patent law. Other attorneys specialize and have for decades. They understand the advantages. Why not judges? Courts must change to keep pace with everyone else.
In short, thanks to these horrific decisions and to disastrous law like AIA inventors no longer have any realistic expectation we will ever be able to commercialize our inventions, or even benefit materially from them. That is why our issued patents have collapsed to only about 10% of their historic share, if not less and still falling.
We continue to build our committees and draft our bill with the help of our friends in Congress and the White House which will undo the calamity of these laws and restore our patent system.
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 firstname.lastname@example.org