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?

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

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

Efficient Infringement’s Consequences Are Mostly Unavailable

The Quinn-Keller dialogue below is must reading. Today’s patent problem isn’t patent trolls. It is the diminishing availability of infringement damages after efficient infringement. In the case of IT hardware companies like Apple, in a post IPR environment efficient infringement is virtually inevitable. In a post HR 9 business environment it will become virtually mandated. Continue reading Efficient Infringement’s Consequences Are Mostly Unavailable