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October 06, 2009



I'm with you. This Locke lette is more likely to stir up opposition to, rather than support for, S. 515.

After the "Tafas Affair," I give an absolute unqualified "thumbs down" on granting the PTO substantive rulemaking authority. That would be only an invitation for further abuse.

But what I find astonishing is the statement in the Locke letter that "At a minimum, USPTO should have procedural rulemaking authority over proceedings in the agency." They already had that authority before Tafas. Put it this way what additional "procedural rulemaking authority" is the PTO looking for?

The discussion of "Assessment of Damages" is based on "old tapes" and especially old data. It certainly doesn't reflect the recent Lucent Technologies case which shows the Federal Circuit is no longer (if it ever was) "asleep at the switch" when it sees a mega damage award which is based on flimsy or nonexistent evidence. The Georgia-Pacific factors (including the "entire market value" rule) work as the recent Lucent Technologies case shows. There's no need now to upset this applecart.

Like I've said before, I would be perfectly happy if S. 515 and its "evil twin" H.R. 1260 simply sank with no survivors.

"We believe S. 515 incorporates the essential elements of patent reform..."

Sure, just what Microsoft and their thieving pals want.

Patent reform is a fraud on America...
Please see http://truereform.piausa.org/ for a different/opposing view on patent reform.

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