Tuesday, June 09, 2015

Human Events gets it wrong on patent reform

Brian McNicoll at Human Events gets facts wrong on patent reform when he writes:

It would be if Congress passed the PATENT Act, legislation from House Judiciary Committee Chairman Bob Goodlatte, R-Va., that seeks to limit patent trolling and bring some order and predictability to the patent enforcement process.

The PATENT Act, originating in the Senate, is not legislation "from" Congressman Goodlatte, who pushed the Innovation Act, which is significantly different from the PATENT Act, including as to the presumption of "loser pays" and alterations to "inter partes review." [IPR]

McNicoll does bring up a story involving IPRs:

Securus has filed 12 lawsuits against 19 competitors in the last decade, most of which have resulted in settlements by companies that considered it cheaper to pay up than litigate. But one, Global Tel*Link Corporation, has decided to fight back.

The firm has begun to file petitions against Securus’ patents with the Patent Trial and Appeals Board. It claims Securus’ patents “mimic available consumer products, like Apple’s FaceTime, and a ‘range of other technology’ that was well known long before Securus’ patent applications were filed.”

McNicoll does not bring up the IPRs of Butamax against Gevo, or those of Kyle Bass against drug companies.


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