‘were worth hundreds of millions of dollars’
Truthfully, courts will always struggle with determining a reasonable royalty. That is not their forte. That’s why we believe the best policy, as was previously the court standard in patent cases prior to the disastrous eBay decision, is to once infringement is found issue a permanent injunction against further infringement. That way it becomes a simple business decision between the parties, freeing up limited court resources for the rest of their docket. If the parties are unable to come to a settlement going forward, then the court can intervene and impose a settlement for past damages and the injunction will remain in place. If the infringer wants to continue using the invention, they will pay what is demanded. If not, then the parties will go their separate ways.
To allow infringers (thieves) to go unpunished -to allow them to keep their stolen property is outrageously unjust. It is egregiously unfair. How can any government who wishes the respect of its citizens behave in such a way? Eventually, they will not be respected and will be replaced. It is only a matter of time. The people will not stand for a government (jurists, legislators, etc) so completely unfair. They will be turned out and they will completely deserve it. We will do our part to ensure they are.
Who is this org that wrote this article? Who funds and controls them? Who are their directors? Their web site does not say. It appears to us it is the same group of large multinational infringers who pose as public interest groups to help them legalize theft of their small competitors inventions. Lift the rock and see what crawls out.
We agree there are problems with the intellectual property system -certainly patents, but we disagree with the tone of the article that IP rights have gone too far. The truth is the opposite. For us it is far too hard, slow and expensive for us to get, keep and enforce our patents. The result is our large multinational competitors have their way with us. They have since eBay. They rob and steamroll us. Meanwhile, they move more American jobs offshore. When they can’t export jobs, they import workers who displace Americans.
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 email@example.com