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« Tobinick v. Olmarker (Fed. Cir. 2014) | Main | USPTO Holds Forum on Subject Matter Eligibility -- Part IV »

May 21, 2014


"Does Personal Audio represent an inventor trying to protect his patented ideas, or is he a troll because he does not practice the invention himself?" That's a strange dichotomy to present, implying as it does that an inventor who maintains ownership of his patent can't be a troll. IIRC, the point was that this patent should never have been issued because if it's as broad as its owner/inventor says it is, then it claims the prior art, and therefore the assertion of this patent, whether by the inventor by a a third-party assignee, is abusive.

How do you tailor legislation to deal with such suits, without precluding other types of suits that you don't want to discourage? I dunno.


Good riddance, hope (probably a faint one) that this legislation dies completely or at least is greatly modified to address what should be correctly called “litigation abuse,” not “patent abuse” (which it is not). Leahy’s snide remark for why S. 1720 failed is disingenuous in the extreme; S. 1720 (and even more so, HR 3309) are misguided and very poorly thought-through. Leahy and his henchmen should stop “throwing rocks” at the wrong “houses.”

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