Wednesday, April 22, 2015

Santorum, Shapiro spar over conservative position on patent reform

The American Spectator has an interesting exchange between former Senstor Rick Santorum and Gary Shapiro in the post titled:

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Conservatives and Patent Reform Continued: Rick Santorum Responds

With a reply from Gary Shapiro.

Link:  http://spectator.org/articles/62469/conservatives-and-patent-reform-continued-rick-santorum-responds

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Shapiro's tact seems to be to impugn Santorum rather than to address issues:

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But I think you need a basic primer on this topic,
(...)

P.S. I am paid by the Consumer Electronics Association’s 2,000-plus member companies, which together employ millions of Americans. If you are being paid by troll lawyers or others with an interest in scuttling this legislation please disclose this information.

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Shapiro does not address the problem that universities and small inventors have with the "loser pays" aspect of Goodlatte's Innovation Act.  Shapiro does not say why "loser pays" is necessary to resolve his troll problem.

The "loser pays" provision applies to all patent cases.  If universities or small inventors lose because they are outgunned by a richer adversary, they presumptively pay.  Understandably, they don't like this.  Gary Shapiro has no answer.  Rather Shapiro's response is that his opponents are ignorant or in the thrall of trolls.  No substance there.

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