Comments on: Announcement Nears on New Patent Office Director

By: Ricardo Herrera

Ricardo Herrera — Fri, 28 Aug 2009 18:08:31 +0000

I am trying to contact Mr. Steven Sedlmayr. The application of restructured water on concrete seems appealing to me.

Thanks…

By: Doug

Doug — Thu, 30 Apr 2009 07:25:02 +0000

“The fact that litigation creates leverage and urgency does not mean that patent litigation is out of control. It does not mean that negotiations are useless. It means we have a robust and functioning system that allows the overwhelming majority of plaintiffs and defendants to resolve issues in an orderly manner.”

You are exactly right,

By: Gene Quinn

Gene Quinn — Sun, 19 Apr 2009 02:12:58 +0000

Steven-

I have been toying around with the idea of coming up with a letter that folks can print and sign. I will work on that tomorrow and hopefully have something ready for Monday, or at least some time this week. I am not sure I can turn it into a “click here” thing, but I will come up with something.

Thanks.

-Gene

By: Steven Sedlmayr

Steven Sedlmayr — Sun, 19 Apr 2009 02:07:45 +0000

Gene:

What we need is a comprehensive letter that we can each sign as independent inventors and send to our congressmen. I agree with the idea that the large companies just rob and steal the inventions, and then say sue us. I have been actually told this to my face my several large corporations.

However, until we act in conjunction, nothing is going to get done. To join groups or organizations, that does not help. We need to have an effort that sends hundred of thousands of emails to our congressmen and to Obama to make it known that we are concerned, and these things need to be addressed. Somebody needs to take a lead in this, contact all of the inventors and groups, and get them to join in one concerted effort to send these emails and letters in masse to Washington. It could be as simple as having a form that you can pick your congressman from, sign it, and email it right then a there. And then the information has to get out to the independents and small inventors. A 100 people yelling does not make much noise, but a hundred thousand does. They do not care about which is right or correct, but what gets them the votes. We need a hero to jump up. We have a lot of prominent patentees in this country, why don’t we use them to help make the noise. If someone had access to the names and the emails addresses, maybe we could send out the letter that they would merely forward to their congressman.
That would be the proper use for these groups and organizations. Flood them with email. Let them know that we do care, are mad as hell, and won’t take it anymore.

By: Gene Quinn

Gene Quinn — Thu, 16 Apr 2009 15:18:44 +0000

Moe-

Thanks for providing a link. I am not adverse to having links included in the comments as long as they are relevant, but I would appreciate if a bit more substantive comment could be provided along with the link. This will give readers more information and hopefully keep our discussions alive and will allow for them to be more easily followed.

-Gene

By: moe

moe — Thu, 16 Apr 2009 12:12:58 +0000

all this patent troll talk is nonsensical for an explanation please see http://truereform.piausa.org

By: moe

moe — Thu, 16 Apr 2009 12:05:04 +0000

good work, gene

i believe also the number of suits filed has been rather stable over the last 10 years or so -since the establishment of the CAFC. prior to that time there was too much uncertainty. for more stability perhaps we should be appointing special patent judges to each district or have regional courts. many judges just arent equipped to handle or don’t like the complexity of patent cases. they do not have technical backgrounds. i can imagine the bewilderment a laser or computer chip invention would cause a history or english major.

By: Duncan Bucknell

Duncan Bucknell — Thu, 16 Apr 2009 00:09:05 +0000

Thanks Gene, Yeah, I think definitely the advent of the CAFC had its impact. I think the non-practicing entity (“patent troll”) phenomenon has been driven in part by the unusual way that the US deals with attorney’s fees – which along with the possibility of contingency arrangements with law firms and greater availability of offensive insurance and private equity money to fund litigation has encouraged this type of activity. In most countries you have to pay up at least some of the other side’s legal fees if you lose, contingency arrangements are often not allowed, and there’s scant offensive insurance and with all due respect, less sophisticated private equity money around.

Really interested to understand how you think tech companies should (or should have) ‘go after’ patent trolls.

By: Gene Quinn

Gene Quinn — Wed, 15 Apr 2009 23:30:38 +0000

Duncan-

The number of patent applications started to rise substantially starting right after the Federal Circuit came into being, and it takes a few years for most patents to become ripe for litigation. So I think the rise you start to see in about 1992 is attributed to both the growth in patents issued and the Federal Circuit creating some definite case law that made patents more valuable. Between the Supreme Court issuing some key decisions and the formation of the Federal Circuit I think patents became desirable, both to have and valuable to litigate. I also think you are correct when you say that companies are far less likely to want to talk until they receive a complaint and it is real. Additionally, by refusing to really go after patent trolls I think high tech companies have given incentive for trolls to sue to get a settlement. So while they complain about trolls and the increase in lawsuits I think they are responsible for that themselves, just like the auto insurance companies were responsible for the rise of PI litigation when they would settle everything.

What do you think? Does that make sense to you?

-Gene

By: Duncan Bucknell

Duncan Bucknell — Wed, 15 Apr 2009 23:18:59 +0000

So why do you think the number of cases filed has increased, Gene?
Do you think that appellate court precedent has made it more attractive? Are people less willing to listen until they receive a Complaint?