Wednesday, April 02, 2008

Coalition for Patent Fairness as seen through different eyes

In its post Coalition for Patent Fairness Thinks Patent Reform Is Near, PatentBaristas wrote:

Mark Chandler, General Counsel of Cisco, Mike Holston, General Counsel of HP and Time Warner chief patent counsel Chuck Fish answered questions on the perennial reform bill. They presented the bill as having consensus on most items with four remaining issues of serious contention.

IN CONTRAST, PatentHawk wrote:

The call was hosted by Mark Isakowitz of Fierce, Isakowitz & Blalock, and coordinator for the Coalition. Mike Holston, HP General Counsel, and Time Warner chief patent counsel Chuck Fish also gave their insights. Mark Chandler, Cisco GC, was scheduled to participate, but was absent from the call.

Further, PatentHawk identified FIVE issues, not the four of PatentBaristas:

Chuck Fish went on to give an outline of the 5 biggest issues:

Applicant Quality Submissions (AQS) - Fish stated "you cannot mandate ways for an applicant to act", and suggested that incentives work better than mandates.
Venue - there should be a real connection between location of dispute and site where litigation occurs.
Reasonable Royalty Damages - fair compensation, but not overcompensation.
Post Grant Review / Opposition Process - need to be fair and protective of rights, but not over protective of rights.
Inequitable conduct - general consensus that there should be real consequences for misleading the patent office, but that there must be more certainty and less unpredictability in the process.


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