Monday, November 16, 2015

What would Abraham Lincoln say about Goodlatte's "Innovation Act"?

Joseph Allen has a post titled Abraham Lincoln loved our patent system. Let’s not tear it down. which goes into some of the issues in patent reform.

Allen does mention "efficient infringement":

If a patent cannot be effectively enforced, it has little value. Courts have made it almost impossible for patent owners to obtain the injunctions that can stop the sale of products that infringe upon their inventions. Giant corporations employ “efficient infringement” strategies knowing they can make big money pirating patents, even if they get caught. Because it is so hard to recover damages, lawyers are often unwilling to defend inventors on a normal contingency fee system, and instead insist upon being paid up front for the considerable costs of an infringement trial.

Allen gets into "loser pays":

The patent reform bill that has made progress in the House, called the Innovation Act, would force patent owners to pay their opponents’ legal bills if their infringement suit proved unsuccessful. This gives big businesses a formidable tool with which to intimidate inventors from enforcing their patents, as there’s always a chance that any lawsuit will fail and the expense of paying the legal fees of a giant corporation would bankrupt most small companies.


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