« Cash Constellation | Main | Tick-Tock »
November 5, 2007
Goliaths
Dan
Leckrone of The TPL Group
opines in the
San Francisco Chronicle:
High-tech Goliaths who routinely flaunt the law by abusing their market power are consistently rebuked for regarding themselves as being "above the law" - and justifiably so. The Patent Reform Act now up for vote in the U.S. Senate is but the latest blatant example of how Goliaths are wielding their power to smother innovation. Indeed, the Goliaths seek a major overhaul of our patent system that would pave the way for them to roll over competitors by misappropriating their intellectual property.
Leckrone:
The self-styled Coalition for Patent Fairness (CPF) continues to be well funded by high-tech Goliaths seeking to force passage of this act.
Thoughtful examination reveals that this proposed legislation would change the calculations of damages imposed on patent infringers in a way that would drastically limit the amounts they must pay patent owners; create a new post-grant, quasi-judicial review process that would provide infringers new opportunities to challenge patents that have already been issued; and change the rules on venue - where a patent holder can sue an infringer - in a way that would favor infringers over patent owners.
The American patent system does not need the major changes that the Goliaths are seeking to impose.
Lackrone refers to the fact-finding study done by Pat Choate on CPF, showing the Goliaths playing with loaded dice.
Clearly, innovation from smaller companies represents real competition to the Goliaths, and our patent system has proved effective in leveling the playing field. Our legendary patent system has been instrumental in making America the cradle of innovation.
[T]he Patent Reform Act of 2007..., if enacted, will be the coup de grace for the U.S. Patent System as well as for the inventors and innovation it protects.
Posted by Patent Hawk at November 5, 2007 9:40 AM | The Patent System