June 5, 2013
Open Season on Inventors
Political consensus by the powers that be has been achieved. It's open war on inventors. Any individual inventor who tries to enforce a legally granted patent is persona non grata before the courts. Said inventor will have to pay for defendant costs after being robbed of asserted patents. That is the fervent wish of Chief Judge Osama bin Rader of the Court of Appeals, Federal Circuit (CAFC).
The definition of "patent troll," which used to be confined to patent-holding companies, such as Intellectual Ventures and Acacia, has been twisted to particularly target individual inventors, who must rely upon contingency attorneys, as they cannot afford to pay upfront to enforce their legal rights. Rader, in The New York Times: "Trolls, moreover, often use lawyers to represent them on a contingent-fee basis (lawyers get paid only when they win), allowing trolls to defer significant legal costs that manufacturers, who generally must pay high hourly fees, cannot."
Patent-holding companies, who have the funds to enforce purchased portfolios, do not seem to be the intended target, at least in this round. Intellectual Ventures and Acacia publicly proclaim themselves nonplussed by this vile turn of events by rabid judges and politicians.
Instead, it's individuals that the courts want to rob. Rader: "One sign of potential abuse is when a single patent holder sues...."
The war on "patent trolls" by the courts is illicit and illegal. But it's practically ironic to call something "illegal" when those who enforce the law ignore statute and indulge their corrupt biases.
Rader reveals his sociopathic fantasies about inventors as foreign-based extortionists in a rambling podcast, regaling the audience with his ignorance of history and how the patent system and business world actually operate. The podcast is, of course, conducted by sycophants, with brown-nosing lawyers soliciting Rader's facile views. Hal Wegner remarks: "Commentaries have been received from a variety of sources, generally in strong support of the statements made by Chief Judge Randall R. Rader in The New York Times."
Posted by Patent Hawk at June 5, 2013 4:35 PM | The Patent System