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« President and Fellows of Harvard College v. Lee (Fed. Cir. 2014) | Main | Webinar on Leveraging Patent Reissue »

October 30, 2014


This, however, is overlooking the fact the the original and continuing lead political patent concern in the most recent year is the troll mass mailings of patent infringement threat letters to small businesses demanding license payments. With no intent to sue, or damages rationale for suit. There has already been extensive state legislation on that subject, and there is no reason why Congress would not still want to do so as long as the legislation is narrowly enough drawn.

In my view, patents have and always have had a “dark side” – they impede wide-open, unrestrained capitalistic commerce; based on price, quality, and service. And the framers recognized that when they wrote “for a limited time”. Were I a member of Congress, before taking a knee-jerk position on a perceived problem, I would allow some time for Octane and Nautilus to work their way through. I’m concerned about the unintended consequences of some well-intentioned law. I could create many jobs were I free of any patent restrictions. Some jurisdictions have working requirements. Do we want one in the US?

The position on patent reform can be explained a lot by the relevant industries in the different states. The biggest $ in NYC is Wall Street, and business method patents are a challenge/headache to Wall Street and hence Sen. Schumer's opposition to "patent trolls." Illinois has a more manufacturing, pharma etc. California has biotech and silicon valley.

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