Wednesday, March 18, 2015

Duan alluded to the "notorious" Randall Rader while discussing the STRONG bill on patent reform

Within a post by Charles Duan at RollCall:

What is perhaps most disturbing is how the patent-insiders community, the strongest supporters of this new bill, perceive these America Invents Act proceedings. Former Chief Judge Randall Rader, notorious for his coziness with patent attorneys, claimed the high invalidation rate proved flaws in the post-grant proceedings, calling these proceedings a “death squad for patents.”

Never mind that selection bias explains the high rate. The proceedings are not a death squad for patents any more than cardiologists are a “death squad for hearts” because most of their patients are diagnosed with heart disease. Expecting that a procedure intended for diseased patents should grant any large fraction of them a clean bill of health is just wishful thinking. Demanding legislation to hamper the procedure and change the results, though, is the patent special-interest community’s bald attempt to protect patents they never should have received.


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