“The claim that there would be uncertainty [if eBay was struck down] sounds rather odd when we have 150 years, almost 200 years, of patent cases where they applied a presumption of an injunction on the basis that this was a property right.”
We completely agree. Amen!
Don’t believe the lies of thieves and their paid puppets who tell you inventors do not have a right to their inventions, or a right to trial by jury for disputes over them. The truth is readily accessible and inescapably clear, for as James Madison wrote in Federalist No. 43 on the proposed Constitutional recognition of inventor rights, “The utility of the clause will scarcely be questioned. The copyright of authors has been solemnly adjudged, in Great Britain, to be a RIGHT of common law. 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.”
As Mark Twain said, ‘truth is not hard to kill, and (that) a lie well told is immortal’.
We believe no bill will restore our patent system for inventors that does not:
1. Restore our right to injunctions as the constitution requires and as was the prior standard making them mandatory after a judgment of infringement is entered, absent exceptional circumstances.
2. Restore a broad scope of patentability so that all useful inventions are eligible as the constitution demands and as the founders intended.
3. Restore our right to trial by jury by eliminating all post issue reviews.
Without these measures they are fatally flawed and can only further damage real inventors. That is to say, they can only help our large infringing competitors.
Only then can any bill even begin to restore our patent system for inventors so that we will once again will have a realistic expectation we will be able to commercialize our inventions. Our bill includes these and also addresses the most essential of the current problems that inventors face in this patent system which is for us all but dead.
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