What really surprises is me that judges don't already do this. They have the capacity to do exactly what they want to. I am sure plaintiffs ask for the refund of their costs. Odd.
By Dustin Volz
...Cornyn also took time to sketch (click here) an overall rosy prognosis for patent reform happening this term, insisting that Majority Leader Mitch McConnell is "anxious to give this subject floor time once it is voted out of committee."
Cornyn's comments are no doubt music to the ears of reform backers, who for years have warned that "patent trolling"—the act of filing frivolous patent-infringement lawsuits against others in the hope of reaping settlements—is a growing menace that saps billions annually from the U.S. economy. The GOP takeover has been viewed as a promising development by the anti-troll movement, and patent reform is viewed as one of a handful of areas where Democrats, Republicans, and the White House can realistically reach broad consensus.
But wonky negotiations remain ahead for lawmakers on sticky subjects such as fee-shifting, a topic that proved especially troublesome last year. Also known as "loser pays," Sen. Cornyn and many Republicans favor strong language that would in some cases force the loser of a lawsuit to pay the winner's legal fees in some patent-infringement cases that are deemed knowingly meritless....
I don't mind the law, but, it is disheartening it actually has to occur. I rather judges make the decision. We have mandatory sentencing that have proven to be a real menace. I would like to think judges would decide fairly and safeguard inventors.
I think there needs to be more than laws passed to take process away from judges. The legislation of judicial decisions should be replaced with a "Congressional Letter of Concern." I think that would be the best way to start. I trust judges. They know the law better than legislators and they know the human dynamics within any case in their courtroom.
I am sure judges don't like to punish those called "Patent Trolls" simply because they don't want to inhibit invention, even if a bit unfair. Additionally, patent lawyers should know better when they are protecting their clients.
I am curious if many of these lawsuits are about patents submitted by the inventor without the help of an attorney. In other words, the folks providing patent services without expertise so much as 'the kit' that is a do it yourself; is it compromising the inventors more than other methods of filing? If that is the case, the 'do it yourselfers' need an insert to protect their interests. I also wonder if the companies providing the 'do it yourself' information is also carrying out the antics of patent trolls? Probably not.
I hope there was some committee findings from judges before this is passed. Just because Europe is doing it doesn't mean it is a good fit for our judicial system.
By Dustin Volz
...Cornyn also took time to sketch (click here) an overall rosy prognosis for patent reform happening this term, insisting that Majority Leader Mitch McConnell is "anxious to give this subject floor time once it is voted out of committee."
Cornyn's comments are no doubt music to the ears of reform backers, who for years have warned that "patent trolling"—the act of filing frivolous patent-infringement lawsuits against others in the hope of reaping settlements—is a growing menace that saps billions annually from the U.S. economy. The GOP takeover has been viewed as a promising development by the anti-troll movement, and patent reform is viewed as one of a handful of areas where Democrats, Republicans, and the White House can realistically reach broad consensus.
But wonky negotiations remain ahead for lawmakers on sticky subjects such as fee-shifting, a topic that proved especially troublesome last year. Also known as "loser pays," Sen. Cornyn and many Republicans favor strong language that would in some cases force the loser of a lawsuit to pay the winner's legal fees in some patent-infringement cases that are deemed knowingly meritless....
I don't mind the law, but, it is disheartening it actually has to occur. I rather judges make the decision. We have mandatory sentencing that have proven to be a real menace. I would like to think judges would decide fairly and safeguard inventors.
I think there needs to be more than laws passed to take process away from judges. The legislation of judicial decisions should be replaced with a "Congressional Letter of Concern." I think that would be the best way to start. I trust judges. They know the law better than legislators and they know the human dynamics within any case in their courtroom.
I am sure judges don't like to punish those called "Patent Trolls" simply because they don't want to inhibit invention, even if a bit unfair. Additionally, patent lawyers should know better when they are protecting their clients.
I am curious if many of these lawsuits are about patents submitted by the inventor without the help of an attorney. In other words, the folks providing patent services without expertise so much as 'the kit' that is a do it yourself; is it compromising the inventors more than other methods of filing? If that is the case, the 'do it yourselfers' need an insert to protect their interests. I also wonder if the companies providing the 'do it yourself' information is also carrying out the antics of patent trolls? Probably not.
I hope there was some committee findings from judges before this is passed. Just because Europe is doing it doesn't mean it is a good fit for our judicial system.
