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I'm not so optimistic as the article. The CAFC has lots of judges that came up as patent attorneys, and who are true believers in the patent system. The June
by TheMagicHorsey 12y ago
I'm not so optimistic as the article. The CAFC has lots of judges that came up as patent attorneys, and who are true believers in the patent system. The June decision by SCOTUS wasn't the first time the Court slapped down abstract patents. The CAFC always finds new ways to get around what SCOTUS has tried to be clear about.
On top of that, people underestimate the amount of shenanigans that patent prosecutors pull during patent drafting and prosecution.
I don't think we will see an improvement to the trolling situation until Congress steps in and changes some of the burdens and fee-shifting standards for patent litigation.
Trolls need to have less weapons they can deploy to raise litigation cost, and they need to be made to suffer for bringing BS cases against innocent companies. Only Congress can make that happen.
Intellectual Ventures and its ilk are not going to sit idly while entrepreneurs and tech companies go to Congress to get reform laws passed. They will bring out the big cash piles, just like Comcast does for Net Neutrality.
And patents isn't even as cut and dry as Net Neutrality. The minute you start talking about patent reform, some well meaning person, who has no idea what they are talking about, will bring up that movie about that inventor, who was cheated by that big company, out of his hard earned inventions.
- shmerl 12y ago> and who are true believers in the patent system You meant believers in the patent racket system ;)
- steveeq1 12y agoYes, reminds me of that movie "Hot Coffee". Basically negated by "Enigma Cheers" on amazon.com: http://www.tripperjones.com/stuff/hot_coffee_critique.txt http://www.tripperjones.com/stuff/hot_coffee_critique.txt