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Hostile Environment For Inventors Harms Our Economy

Posted by khalling 10 years, 4 months ago to Politics
121 comments | Share | Flag

"Whether we continue to lead the world in software, or we are displaced by China is now uncertain. In
stark contrast to the U.S., China and the rest of the world have been strengthening the Exclusive Right
and the Presumption of Validity for patents in their respective countries. 46
These positive changes are
stimulating innovation in those countries and growing their economies. The U.S., unfortunately, is going
in the opposite direction. We are weakening patent protection. Today, we have more companies going
out of business than starting up for the first time in our history. If we continue down this anti-patent
road, the U.S. will no longer lead. China will.
Congress, the administration and the courts all see that the patent system as broken. They are right. It
is broken. But not for the reasons they think it is broken. The facts have been hijacked by the loud
impermeable voices of those who benefit from weak patent rights. Those negatively affected, the
inventors and the American public, cannot get a word in edgewise. If we continue to enact broad
changes under the misguided “patent troll” arguments, we can expect even greater damage to our
economy and our standing in the world.
We must go the other way. We must stop the further weakening of the U.S. patent system. Congress
must pass laws negating the effects of eBay vs. MercExchange so that a patent is again an Exclusive
Right. The Presumption of Validity must also be restored by eliminating PGO’s and other provisions of
the AIA. The misguided “abstract idea” category of patentable subject matter must be eliminated
altogether. Lastly, the PTO must be fully funded and better managed.
Without these changes – setting it back to what it was just a decade ago – we will become like all other
countries – unexceptional. Someone else will lead future technology revolutions. Perhaps that country
will be China and our generation will be known for the greatest blunder in history."


All Comments


Previous comments...   You are currently on page 3.
  • Posted by 10 years, 4 months ago in reply to this comment.
    "The patent office shouldn 't have allowed this update..." 1. It is not an update. It is a new application that builds on the technology of the prior patent. It is legal and done all the time to go back and claim the original priority date.
    2. What the heck is your expertise in saying what should be allowed and what shoudn't? Are you a patent atty, a patent examiner, a CAFC judge with the accepted credentials to determine patent validity? This is exactly the kind of thing I 'm talking about. I don 't feel comfotable telling a cardiologist he misread my Ekg. Yet all sorts of people think they can weigh in on the patent debate and say what is or isn 't an invention, how to read and analyze claim construction, whether the system is broken or not. Fact is you 've been the unwitting dupe of a masterful PR campaign funded by big business and that campaign is full of lies and junk science designed ellicit your opinion from emotion. As Adam Mosoff says about the patent reform debate. It takes no time at all to throw unsubstantiated arguments out there or false statistics. While those of us trying to find the truth have to have time and present solid research. Before that process can complete senators and politicians are already crying for reform and legislation all built on crap. Well this is our industry and we are the friend of the small inventor out there getting atyacked by cronies and many libertarians and a bunch of people riding the misinformation train.
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  • Posted by 10 years, 4 months ago in reply to this comment.
    1. The process of discovery in part is for the plaintiff to determine lost revenue from the infringement. You would calculate that into the cost of litigation. He had tried to settle several times and then tried to dismiss. Corolla would not dismiss. That part you left out of the PR statement. If Carolla has now dropped the case it is new information to me.
    2. An inventor is an inventor regardless of whether he ever manufactures.
    3. What is your experience in reading claims.? The patents involved take alot of time by experienced people to determine infringement or validity.
    4. We look at this issue every day, my husband writes books on intellectual property, we analyze the data on litigation, litigation rates and supreme court cases. You can disagree all you want but I have given facts, presented cited arguments while you have given opinion not based on solid evidence. Further, you also continue to use pejoratives when speaking about inventors. Rand revered inventors. By your own definition Edison would have been a "patent troll. " I unhid your comments because you said the Oath. But it's very annoying to have to argue from mis information or junk science i.e. you 've read the patents so...
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  • Posted by $ jlogajan 10 years, 4 months ago in reply to this comment.
    I will note that I stuck to the issues without resorting to ad hominem or threatening to disappear anyone. The courtesy was obviously not returned. I am disappointed as I thought this would be a place especially suited to intellectual discussion. I will be moving on, and cancelling my membership.
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  • Posted by KSilver3 10 years, 4 months ago in reply to this comment.
    I would also point out that I have made comments on several threads on the site over the last several days since I joined. You simply disagree with this one, so you accuse me of being a plant.
    Was I also a plant on adult immunizations? Global warming? Chicago police black sites? Dazbog coffee?
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  • Posted by KSilver3 10 years, 4 months ago in reply to this comment.
    I can't figure out how to download the press release to the site. I'm a newby. However, the press release is on Personal Audio's own website. Date July 29th 2014 Beaumont, Tx.
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  • Posted by KSilver3 10 years, 4 months ago in reply to this comment.
    Is that what Rand would have done? Block someone who disagrees? Besides, I agree with 98% of what you are saying, I just don't dismiss the fact that there are in fact also people taking advantage of the patent system to profit off other's work. Here's something you can't refute- a direct quote from Mr. Logan's own press release when he first attempted to withdraw:

    "When Personal Audio first began its litigation, it was under the impression that Carolla, the self-proclaimed largest podcaster in the world, as well as certain other podcasters, were making significant money from infringing Personal Audio’s patents. After the parties completed discovery, however, it became clear this was not the case. As a result, Personal Audio began to offer dismissals from the case to the podcasting companies involved, rather than to litigate over the smaller amounts of money at issue."

    I read Atlas for the first time when I was a freshman in high school, and have re-read it at least once a year since then. I contributed financially to the movies, and donate yearly to the foundation. Just because I disagree with you on one minor part of an argument in which we mostly agree doesn't mean I am a plant. You paint with the broad brush and say there's no such thing as a patent troll. I simply state there are. That doesn't change the fact that the patent system is broken. We can work together to fix one problem without agreeing on all of them.
    If you had any intellectual honesty, you would quickly unblock my comments. Ayn's gulch had free, open debates every night, and dissent and discussion were valued. "I will never live for the sake of another man, nor ask another to live for me."
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  • Posted by 10 years, 4 months ago in reply to this comment.
    show the cite for this. This is not the information we have, and we have followed this case closely and my husband is a patent expert.
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  • Posted by 10 years, 4 months ago in reply to this comment.
    Temlakos, I find myself coming back to your sane Rand remark several times tonight. Hot shit is brewing on Capital Hill. Big business wants to silence the inventor. This is hugely important to our economy. I urge everyone to contact their reps and senators. If inventors lose rights, technology will not be developed here. Dim horizons....
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  • Posted by 10 years, 4 months ago in reply to this comment.
    this statement is one of ignorance. Inventors sell the rights to their patents, which they cannot afford to prosecute infringers on. This is highly common. They lose their hard earned money by designing and making new inventions. Large companies steal that tech, knowing that the small inventor cannot afford to litigate. Licensing companies buy up patents that are hugely infringed. They offer licencing agreements to the infringers. If there is no resolution and the infringers continue to infringe, they take them to court. All the infringers had to do was due diligence. In fact, their atorneys tell them not to, so as to limit damages down the road. We represent that small inventor who wants to make a living inventing.This is capitalism./ What are you supporting?
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  • Posted by 10 years, 4 months ago in reply to this comment.
    well, please share your experience. do you want me to PM you? You are still woring off of bad information. A is A
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  • Posted by 10 years, 4 months ago in reply to this comment.
    the phrase "patent troll" is a construct made up by PR firms representing Big Business. they hate small inventors. Both Jobs and Gates said what they fear the most is that guy inventing in his garage. Who are you? why do you show up now and just spread dis-information about patents? perhaps you know that this is a hot button issue on the floors of both Congresses
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  • Posted by 10 years, 4 months ago in reply to this comment.
    you have written alot here k. and you are new to this site. what is your motive here? are you a fan of Rand? are you Objectivist? Db is an expert in this field. He is a EE MS physics and a patent attorney. As well, he writes extensively on these issues and is peer reviewed. Within the last several days, there have been new members to the board who are taking on these anti-patent arguments, and as well we know what's politically happening in DC. Your information is wrong and I worry that you are on this site to propagate fear and dis-information. I am hiding your comments as they are emotive, without cite and plain wrong. We are very familiar with this case. Who has asked you to join this site and for what purpose?
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  • Posted by 10 years, 4 months ago in reply to this comment.
    you are making wild claims with no evidence to support them. We spend our lives in this area. Give us evidence. Otherwise your claims are emotive.
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  • Posted by KSilver3 10 years, 4 months ago in reply to this comment.
    One more thing. Mr. Logan did not attempt to withdraw because of cost. Mr. Logan has stated publicly that he attempted to withdraw after financial discovery because he found out that Carolla did not have nearly as much money as he thought he did. Carolla ended up having to settle because he ran out of money. The cost of litigation exceeded $650,000, and he couldn't afford to fight it anymore.
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  • Posted by term2 10 years, 4 months ago in reply to this comment.
    Isn't the term patent troll reserved for people that try to patent everything so as to stop others from doing pretty much anything? But they have no intention of actually making anything
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  • Posted by KSilver3 10 years, 4 months ago in reply to this comment.
    I have to disagree with a lot of the "facts" you put forth here. I have read extensively on this case including the patent applications and the court filings. I'm sure the holder of the patents puts forth a convincing argument, however the facts can't be avoided. Personal Audio filed for a patent in 1996 in order to produce cassette tapes with magazine articles read on them. I will mention that they never actually produced any of these, or sold the rights to produce them. They simply secured a patent. In 2009, they filed for an update to this patent to cover any chronological episodic content stored on a server, and accessed by private technology through a unique URL. That is how he has gone after podcasts and services that provide unique playlists. The problem is by 2009 when Personal Audio applied for this update, this technology was well in use. That is why PA filed this as a patent update to their 1996 patent. Since they filed as an update, they were able to go back to the 1996 date to claim their IP rights. However, the patent office should never have allowed this update. The first podcast on record started in 1993, and by 2004, the technology was very common. In fact, Adam Carolla started his podcast in February of 2009, and the patent update wasn't even applied for until March of 2009 and wasn't approved until 2012. Personal Audio has never produced a podcast, has no staff on file, and only has two employees on their state corporate filing forms. This is a clear example of someone who is attempting to profit from the patent system and someone else's work. You said a "license could have been easily obtained", however Personal Audio has never marketed or sold a single license for their "proprietary technology" that was in common everyday use as early as 2006.

    I wholeheartedly agree that our patent system has been virtually destroyed, and the ability of a small business to protect their Intellectual Property is one of the worst problems facing our economy today. In that we are in agreement. I just don't want to rule out one very real problem in order to fix another. Both problems are very real. There are people out there who are simply using the patent system to profit off other peoples work just as much as their are people taking advantage of lax IP laws to destroy inventors. I have a personal friend who has patented a health care product. While his patent is in tact at this point, the big pharma companies have sued him at every turn on everything from naming rights to packaging similarities, etc. His product has been proven in numerous lab studies to work better than a product on the market from one of the big boys. However, the litigation is going to put him out of business. J&J's legal counsel even told him that they would lose if it ever came to court, however, they knew they could put him out of business in legal costs before it ever got there.
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  • Posted by term2 10 years, 4 months ago in reply to this comment.
    Doesn't sound so good when you phrase it that way. From a practical standpoint. There are patent trolls out there who are just using patents to prevent me from using something that I thought up myself without no help from them. The system is clogged with these so called "inventions" that will never be made
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  • Posted by term2 10 years, 4 months ago in reply to this comment.
    Actually my comments were based on practical grounds and personal experiences- particularly in this patent troll environment. I really should approach it on an intellectual basis
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  • Posted by $ KSilver3 10 years, 4 months ago in reply to this comment.
    I am not calling an inventor a patent troll. I am calling a patent troll a patent troll. The inventor in question patented reading magazine articles onto a cassette tape. In 2009, he applied for an updated patent to cover any chronological episodic material loaded onto a server to be recalled from a specific URL. That technology had been in use since at least 1993, but the patent office allowed him to secure this patent. That is a patent troll. He has never produced a podcast, yet has filed suit against dozens of people for producing something that was on the free market 16 years before he applied for the update.
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  • Posted by 10 years, 4 months ago in reply to this comment.
    Apple has stolen many inventions and lost in court over it. They do not want to recognize the small inventor. Yet, ironically, that is how they started. I am cutting you alot of slack here because you are a long time contributor who I agree with on most things. You need to keep asking questions about an area you do not have the correct information in. ask questions. Your premises are wrong
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  • Posted by 10 years, 4 months ago in reply to this comment.
    term2. Competition is not what grows or creates wealth. It assumes scarcity. Invention is about creation. New industries mushrooming overnight. disruptive invention gave you the internet and a smart phone
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  • Posted by 10 years, 4 months ago in reply to this comment.
    this is being hotly debated on the floor of both houses now. Please consider contacting your senators and representativies
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  • Posted by dbhalling 10 years, 4 months ago in reply to this comment.
    Good point, but that is a general problem of the federal court system and the rules of discovery, not patents.
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