State Model Legislation to Sanction Universities is Designed to Cripple Their Commercialization with More Uncertainty

My IPWatchdog post today is long for a good reason. But because EFF’s model state-level anti-PAE bill discussed herein is potentially a budget item, it may first appear late in a state legislative session buried in a massive budget bill already crammed with many “must pass” items. it must be taken very seriously. Waiting to react is dangerous. By the time it surfaces it may be too late to stop it. State university lobbyists should consider quietly checking-in early with state appropriation and finance budget committee allies. State lobbyists thus should be equipped with a full understanding of what enacting this new Model bill’s uncertainty will do to Bayh-Dole commercialization and its many public benefits, especially in the 32 states that have just enacted anti troll demand letter bills. This anti troll bill is different. Continue reading State Model Legislation to Sanction Universities is Designed to Cripple Their Commercialization with More Uncertainty

Technet Hint of Possible Strategy Shift

We keep hearing about a pending post-election strategy meeting of Silicon Valley mega-tech leaders who clearly landed on the zero side of a very binary Presidential election. With the exception of Peter Thiel, a strong Trump supporter and member of the President Elect Trump (PET) Transition team, the Valley big-wigs were firmly planted in the Clinton camp. They may be looking forward to the antithesis their cozy relationship with President Obama, including punitive sanctions for their production processes.  So far there are no reports that the strategy meeting has taken place or of any strategies emerging. But there are signs that big IT tech may now have more pressing concerns than passing patent reform.  Continue reading Technet Hint of Possible Strategy Shift

Silver Lining?

Here is an interesting, encouraging look at President Elect Trump’s presumed IP leanings by two smart IP policy people. Gene Quinn and Peter Harter share their views about the rising likelihood of efficiency infringement’s potential to conquer the Hill’s PR manufactured troll crisis. Beyond the virtually certain influence on Trump of prominent libertarian and Facebook Board member Peter Thiel (of Paypal, Palantir fame ) the rest of Silicon Valley has prominently been opposed to Trump. Many still are now actually threatening to leave the USA. Google has successfully installed influential acolytes in many powerful positions, including USPTO, but once the FTC’s recent condemnation of framing patent reform with the “unhelpful” distraction of the troll terminology the troll meme may finally be erased. And for many in Congress that is all they know about patents. We have made substantial gains in recent years with many members. For the rest of the congressional membership empty (and thus open) minds may allow for fresh interest where before there was only lobbyist manufactured apathy. Continue reading Silver Lining?

The “Halo Effect” Yields Larger Rewards, Greater Volatility in Patent System

Though likely not intended, Michael Rosen’s post in today’s Tech Policy Daily has rekindled our often-expressed hope that SCOTUS’ “Halo Effect“ may provide a pathway to lower court willful damages assessments that could  “put a fork” into the pernicious practice of “efficient infringement” by big tech bullies . It has long been our belief that protecting “efficient infringement”, not alleged pervasive patent-trolling, is the motivating force behind the plaintiff-punishing sanctions and cost deterrents built into HR 9’s so-called litigation “reform”. 

Fingers crossed .


Bass Successful Patent Challenge By Adds Intrigue To Reform Debate

Enclosed below is a link an article by Michael Rosen who writes intelligently for Tech Policy Daily but roots repeatedly for congressional enactment of mega-tech litigation reform. In today’s TPD post he likens hedge fund mogul Kyle Bass’ recent favorable decision on one of his many short sale-IPR filing schemes to the Cubs’ World Series triumph. Rosen reports it had taken Bass 18 months to actually invalidate a patent! Bass could not care less. Continue reading Bass Successful Patent Challenge By Adds Intrigue To Reform Debate

The Patent War Will Soon Resume, But Our Voices Are Also Being Heard

Below are excerpts from a letter we received from renowned DC patent attorney Rob Sterne, who with other IP experts attended a meeting with senior Clinton policy-makers to discuss IP issues. Excerpts from his letter indicate that if elected, Clinton IP policy advisors’ folks have been made aware of the controversy surrounding perennial anti-patent efforts to further shield efficient infringement from the congressional and judicial fates it deserves. This time our side of the argument is being heard before being preempted by the IT mega-techs. In the closing paragraph below, Rob astutely warns that after the election, anti-patent rhetoric will escalate, why political pressure is inevitable and why we must continue weighing-in directly. Continue reading The Patent War Will Soon Resume, But Our Voices Are Also Being Heard

Troll Meme Responds To Efficient Infringement

Efficient infringement abuse of valid patents clearly warrants front page coverage once exclusively afforded to PR-created patent trolls. Today’s WSJ shows that infringer lobby PR flaks will not gently shift their distracting emphasis on patent trolls. WSJ’s Ruth Simon, whose decade-long congressional coverage of patent reform is thorough, but consistently reflects the anti-patent lobby’s spin, reveals that her carefully-cultivated anti patent source relationships are still alive and well. Continue reading Troll Meme Responds To Efficient Infringement

Make Room On The Hill For Efficient Infringement

Move over Patent Trolls, Efficient Infringement has arrived on the Hill

But now, after quickly dispatching with the patent troll meme as much ado about nothing, we can, should and must now unleash a more simplified counter attack by referencing a commonly deployed patent abuse known as “efficient infringement.” This deliberate disdain for patent property is the business model driving mega-tech IT incumbents to continually pressure Congress to enact measure such as HR 9 and S.1137. Continue reading Make Room On The Hill For Efficient Infringement

Efficient Infringement In A Nutshell

November 8th approaches. A reader asked us what to say if allowed only minutes to efficiently describe her university’s concerns regarding pending (and assuredly future) patent litigation “reform”.

The key is to avoid discussing arcane patent law and trolls, a term used effectively in the past by proponents, but recently deemed “unhelpful” by the FTC. Trolls now are curbed by pleading reforms, state and federal laws regarding unfair practices, and expanded judicial discretion regarding willfulness and cost-shifting. Continue reading Efficient Infringement In A Nutshell