‘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 AIA must be repealed or replaced and the patent system restored.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.

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

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‘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.

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

‘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.’

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

‘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. 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?

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

‘which is more important, justice or convenience?’

Of the many problems for inventors in the patent system, the most significant is our inability to get injunctions. But without injunctions inventors can have no exclusive right to their inventions as the Constitution provides for:

Section 8 – Powers of Congress…

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;

Therefore, securing the ‘exclusive right’ of inventors is not just a power of the federal government, but a core responsibility. James Madison and other founders regarded it as ‘the first object of government’. Without injunctions theft is permitted to continue and even condoned if not encouraged.

The only bill we know of which makes an effort to correct the problem does so by attempting to force the 4 factor test of SCOTUS more nearly back to the prior established rule of the CAFC (which we agree is far more just and Constitutionally correct) where the courts would ‘issue permanent injunctions against patent infringement absent exceptional circumstances’, by eliminating the first 2 factors. But that still leaves the last 2 factors which falls far short of the CAFC standard as had been the law for decades. Those last 2 factors are…

(3) that considering the balance of  hardships between the plaintiff and defendant, a remedy in equity is warranted; and

(4) that the public interest would not be disserved by a permanent injunction

As to number 3, often times an injunction will be inconvenient for infringers. No doubt they will argue it would place an extreme hardship on them. However, as the court will have already entered a finding of infringement, why should it matter if the infinger is inconvenienced? Returning stolen property to its rightful owner is always inconvenient…for thieves. In the case of private property and in our view, inconvenience of thieves should never be a consideration for enforcing justice. To do so would be a great injustice. Which is more important, justice or convenience to thieves? We believe this is clear error by the courts. It is wholly inconsistent with fundamental American ideals.

Keep in mind, often times defendants have several months or even years to negotiate with inventors prior to any time when an injunction can be issued. If they cant come to terms in that amount of time, clearly an injunction is necessary to force them to the bargaining table with a more determined mindset to negotiate in good faith. Seldom is there any reasoning to be done with thieves, short of at gunpoint.

That reminds us of a passage in Mark Twain’s ‘Roughing It’ where a passenger in a stagecoach who when during a rest stop accidentally shot a cow of a nearby rancher  expressed no interest in compensating the owner until the rancher came out with a shotgun and convinced him otherwise. In contrast, infringement is seldom if not rarely accidental.

As to number 4, it is also possible that injunctions may be an inconvenience to some in the public, but again which is more important, justice or convenience? Though an injunction may be an inconvenience to some in the public, the continued access to new technologies a strong patent system, as supported by a just issue of injunctions, will far outweigh any isolated and temporary inconvenience to some in the public. No doubt, any unmet demand in commerce will readily be filled by enterprising, industrious, and honest American businesses either under license with the inventor or in partnership with. As James Madison wrote over 200 years ago in Federalist No. 43 , “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.”

We stand ready to provide assistance to all our friends in Congress to draft wording for such a measure to effectively restore the Constitutionally recognized and guaranteed right of injunctions to inventors.

‘for less than the cost of defending’

http://thehill.com/opinion/healthcare/351701-patent-abuse-is-undermining-american-health-care

‘At that time, “patent trolls” were using old, questionable patents to extort money from high-tech companies that independently developed innovative products. Because patent litigation can be expensive, the trolls were able to generate settlements for less than the cost of defending their often specious claims.’

So say large multinational infringers (invention thieves) and their Chinese style propaganda machine. Who funds and controls this group? Our guess is it’s some of the same large infringers who defrauded Congress into passing AIA.

Let’s deconstruct their misinformation. First, as we say if enforcing our property rights makes us trolls, then call us all trolls. Since when did it become extortion to assert property rights in America and acceptable to steal them?

What agents of thieves don’t tell you is these ‘less than the cost of defending’ settlements are often far less than any realistic market value of the property they have stolen. The bigger the thief, the bigger the theft…and their lies.

Often  times our large competitor-infringers make a fortune on our inventions and block us from commercializing because so many courts are now so weak on protecting property that we have no fair chance to prevail so we are forced into taking what we can get from our large competitors who now are free to rob us blind. Meanwhile, these crooks ship more and more jobs off shore. When they cant export jobs they import workers that displace Americans. Don’t believe the lies of thieves. Just because they call it ‘reform’ doesn’t mean it is. All their ‘reforms’ do is make it easier for them to rob and crush us.

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

‘huge mistake’

http://www.ipwatchdog.com/2017/09/15/failed-ptab-experiment-colossal-mistake/id=87542/

‘Congress made a huge mistake in creating the PTAB.’

We agree, but the mistake goes further. The full error was in passing AIA, or as we prefer to call it the America Stops Inventing Act, or ASIA for short as that’s where it sends America’s jobs.

Simply put, the purpose of the patent system is to encourage inventors. But AIA did nothing but discourage. No doubt, post issue review is a huge part of the problem, but there were many other severe problems in the bill such as first to file, expedited processing, etc. No, there was nothing in that bill that was good for inventors. In fact, it did manifest harm and may prove to be irreparable if Congress waits too long to correct. Meanwhile, small entity patents and filings will continue to evaporate.  They are now running only about 10% of their historical shares, if not less. Obviously then, for us the patent system is in crisis. This is what we get when large multinational infringers commandeer certain Congress members into locking out inventors from cmte hearings and instead swing the door open wide for large infringer propaganda patsies. Yes, AIA is a disaster for America, but a windfall for large multinational infringers (thieves). Any time thieves win, America loses. AIA must be repealed.

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