Friday, April 10, 2015

Artie Rai of Duke University on the Innovation Act

An article in ScienceInsider contains the text:


Compared with high-tech companies, universities are more often on the giving end than the receiving end of the legal threats, says Arti Rai, a patent law expert at Duke University in Durham, North Carolina. The tension has existed for nearly a decade and flared when a bill similar to the Innovation Act stalled in the Senate last year. “It’s a real standoff,” Rai says. “As far as I can tell, there isn’t necessarily a whole lot of room for compromise.”

One recalls the case Madey v. Duke University, wherein Duke was on the losing end of a patent infringement case.

Also, the key issue is "loser pays", with the Innovation Act creating a presumption that the loser will pay.
For universities and small entities, who might lose a patent case simply by being outgunned by bigger opponents with larger legal budgets, presumptive loser pays is not appealing.

As to "receiving end," one recalls allegations made against WARF in the context of the re-exams
done by PubPat and Consumer Watchdog.


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