Your article is excellent, as I learned the very ironic notion that all companies have stolen the patent of some other company, so that the companies are filing suit against each other. Big companies are also involved in patent violations which are filing patent suits over its rivals.
A rather low tech case speaks to what patent protection, in my opinion, should be about resolving. Peter Roberts came up with the quick-release version of the socket wrench and sold the patent to Sears for a miniscule fraction ($10,000) of what the company would later generate in sales from the tool. Roberts, who was 18 when he sold the patent, sued on claims of being defrauded by the company. Apparently Sears had conducted research on the market value of Roberts's tool that it did not disclose to him and Roberts won damages in court. Sears appealed but eventually lost in U.S. Supreme Court. I don't even want to speculate how much was spent by the company in legal costs in comparison to the damages it was finally ordered to pay.
Parties need to be held accountable if they knowingly exploit another person's idea, however the system should not be turned into a cottage industry for racking up attorneys' fees.
Re: Patent troll vs. Manufacturer
AskAsa
11/3/2011 9:12:26 PM
Thanks to the movie Flash of Genius many of us are familiar with inventor Robert Kearns who battled and finally won against Detroit automakers he believed stole his idea for the intermittent windshield wiper. It took many years and the loss of his family and assets before justice was served. Watching the film I found myself wondering how many more Robert Kearns are out there robbed of the rightful credit for their ideas.
Re: Big Time
AskAsa
11/2/2011 11:39:49 AM
Agreed. The process is very complex and financially demanding.
It's compounded by scam companies waiting to take novice inventors to the cleaners.
Patent innovation is only one small part of making the ideas into a real, saleable product.
IMHO, courts and juries need to give more credit to the litigant that takes the risk and makes something; and less credit to the lawyer who sits on a bunch of patents waiting to take a bite out of somebody else's revenue.
patent troll & patent lawyer
Value Hiker
11/1/2011 10:08:44 PM
For patent troll like Judah Klausner, even he was the first guy to file a patent for devices like PDA (not even the first guy who has the idea). he has a slimmest idea about how to make one. Given this guy another 100 years, I bet the best he can do is to draw some pictures on a piece of paper. Will it do the consumer or society any good?
As far as Apple vs. Samsung, it is kind of complicated. As the HTC CEO said: Before iPhone, Apple wanted money for its patents, after iPhone, Apple only want the lives (of other smart phone makers).
Maybe part of the problem is the complexity of the patent process for the novice inventor. Perhaps the patent is not nailed down as well as it should be because it is hard for many inventors to know where to start. Then a similar product hits the market -- that leads to outrage over theft of the idea. Of course, the issue is multiplied at the corporate level.
I think cutting back on R&D is hitting the nail on the head with this one, though not all companies are cutting back, many are. If you are not putting the money into the development side of things then you will not be able to defend your product when someone files against you.
At the same time tight reform is needed for patent law. As a country we need to foster innovation not stomp it out.
Re: Big Time
ProfR
11/1/2011 9:34:07 AM
Patents battles have been around for a long time. In the past, most were settled by companies talking to each other - often exchanging one patent for another rather than paying for them.
I think a lot of the recent activity has been because the world is moving quickly and companies are trying to get products out fast to compete with others. When you do that you are more likely to have products based on others rather than new research. Also, many companies have cut back on R&D. So this may just get worse.
Re: Big Time
tokyogai
11/1/2011 9:30:30 AM
I agree. The trick is to protect inventors and foster innovation rather than deter it. I think many of the patents that have been granted are not really "novel" or " not apparent". Many are just extensions of things we know to a slightly different use. I think reform has to start at the patent office.
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