In July 2013, President Obama, upon being informed about abusive patent litigation, directed the USPTO "to empower those who have received a demand letter or may be threatened with a
patent lawsuit with information about their options." In response, the USPTO recently published an online toolkit for defendants: Been Sued or Gotten a Demand Letter? that gives strategies, options, legal resources, a glossary and private resources such as Lexa Machina and RPX.
What should we expect now that we are leaving the world of procuring patents to the topic of patent litigation? Do you think the USPTO will provide an online toolkit for US patent owners "Is Your Patent Being Infringed?" that gives strategies, options, legal resources, and private resources such as Intellectual Ventures and contingency fee law firms to help patent owners license and enforce patents?
Copyright © 2014 Robert Moll. All rights reserved.
Showing posts with label Obama administration. Show all posts
Showing posts with label Obama administration. Show all posts
Tuesday, March 25, 2014
Monday, August 19, 2013
Professor Richard Epstein's Trolling for "Patent Trolls"
NYU Law School Professor Richard Epstein's article Trolling for "Patent Trolls" is a refreshing contrast to the recycled articles attacking patent assertion entities (PAEs).
The White House Task Force report (see post on White House plan) claims the patent system is seriously flawed and in need of prompt corrective action, but the article notes the report has quite the shaky foundation: (1) claiming only those practicing an invention can license or enforce patent rights; (2) relying on Bessen, Ford and Meurer's incomplete economic study; (3) assuming litigation abuse is a one-way street; (4) failing to recognize inventors opposed the America Invents Act that was so strongly supported by large corporations; and (5) assuming the high cost of patent litigation should not be addressed by changes to civil procedure (e.g., limiting discovery) affecting both parties.
Professor Epstein concludes the "President should back off his one-sided critique and work to create a more balanced and nuanced reform agenda of the patent system." Sage advice, but I am not sure the President and Congress are listening as it is time to do something (almost anything) to "kill the patent troll beast."
Copyright © 2013 Robert Moll. All rights reserved.
The White House Task Force report (see post on White House plan) claims the patent system is seriously flawed and in need of prompt corrective action, but the article notes the report has quite the shaky foundation: (1) claiming only those practicing an invention can license or enforce patent rights; (2) relying on Bessen, Ford and Meurer's incomplete economic study; (3) assuming litigation abuse is a one-way street; (4) failing to recognize inventors opposed the America Invents Act that was so strongly supported by large corporations; and (5) assuming the high cost of patent litigation should not be addressed by changes to civil procedure (e.g., limiting discovery) affecting both parties.
Professor Epstein concludes the "President should back off his one-sided critique and work to create a more balanced and nuanced reform agenda of the patent system." Sage advice, but I am not sure the President and Congress are listening as it is time to do something (almost anything) to "kill the patent troll beast."
Copyright © 2013 Robert Moll. All rights reserved.
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