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« Court Report | Main | Patent Reform and Infringement Damages: Some Economic Reasoning »

February 04, 2008


The damage apportionment provision which the Bush Administration opposes in S. 1145, while bothersome, won't cause disaster to the U.S. patent system like the other provisions in S. 1145. These include the applicant quality submissions (the new Documents of Doom), granting the Director of the USPTO unbridled authority on fees (a nauseating thought given what we're going through with the current PTO Rules mess), open-ended post-grant oppositions (an invitation for the Goliaths of industry to grind the Davids of innovation into the sod), and the improved (but not far enough) effort to reign in the "inequitable conduct" doctrine that is rightly called a "plague" on the patent system. If one or more of these loathsome provisions remain in S. 1145, it won't matter that the damage apportionment provision is jettisoned. Again, better that this whole legislative mess sink with no survivors.

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