The Truth Behind the False Patent Troll Narrative

As we approach this month’s end, please consider reading and saving a revealing and credible May post by IPWatchdog regular Steve Brachmann. Linked below, it recounts a recent Washington DC presentation by former Cisco CTO Charles Giancarlo in which as an ex-Cisco insider he presented the facts and laid bare the truth behind the false patent troll narrative still distorting the views of DC’s policy makers. Beneath his post’s headline, Brachmann summarized his presentation by quoting Giancarlo’s revelation of the truth, “Let’s call patent reform for what it is: a blatant economic power grab by tech firms to infringe on technology created by others.”

Giancarlo’s presentation persuasively supported this rare admission, opening with a quote by Sen Durbin during an early May Senate hearing on patents praising the efficient infringer lobby’s false “patent troll” narrative by saying: “Whoever came up with that phrase should get a special bonus because they manage to mischaracterize anyone who goes to court to assert patent rights as a troll. What I came to understand was one man’s patent troll was another man’s assertion of a patent right which they fought for and worked for years which is now being infringed upon by some giant.” Combining insider knowledge with relevant data Giancarlo explained why the Senator was correct.

Giancarlo noted that the infringer lobby’s “proposed solutions don’t even address the false narrative.” His data-backed refutations of the efficient infringer lobby’s “alternative facts” were compelling.

Refuting patent reformer claims that patent litigation was in volume crisis he demonstrated that from 1860 through 2000, the rate of patent litigation as a percentage of total patents has been about .05 % and that higher levels of caseloads have always occurred during periods of intense economic development like the introduction of the telegraph and telephone systems. He presented data showing that the revenue base of all publicly-traded non-practicing entities is less that 1% of all US tech revenues. He revealed that the efficient infringer lobby’s false hand-wringing about the abusive victimization of Main Street mom and pop small businesses by patent trolls was proven false by its failure to support the TROL Act of 2015 which would have effectively addressed their concerns. Why ? Because such support would have eliminated the false troll narrative’s alleged impact on the “little guy” they were using to support their “big guy” desired comprehensive litigation reform. Further infringer falsities about patent hold-ups and royalty stacking etc. in the smartphone arena were ably refuted by data showing that of the total smartphone cost to consumers, patent licensing amounted only to 3.3%. Giancarlo summarized by saying:

” The true agenda of those who support further reform of the U.S. patent system is as follows: to discriminate against entities which license technologies instead of manufacture; to increase the costs of asserting patent rights to the detriment of individuals and startups; and to stilt the conversations surrounding tech licensing in favor of the infringer bringing a product to market. “If you trip over our patent, you’re a thief. If we trip over your patent, you’re a troll”

The Brachmann post in its entirety is well worth saving.

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