Who you calling a Patent Scoundrel? You Patent Cockroach, you!
by: Tom Hochstatter | November 5, 2017
Hope all you efficient infringers and false-narrative folks are happy with your “best of” unintended consequences success!
The post by the ever-alert Bing Zhao from IAM magazine that came out on October 10th and wrinkled my ire can be read here. In it she takes no great pride in sharing what the Chinese think of our patent trolling goings-on:
The official terms are direct translations of ‘non-practising entity’ and ‘patent licensing company’; but the Chinese media has also used more colourful labels for patent assertion entities – here are five of the most common names, along with what they mean:
Source: IAM-Media Blog
I had hoped I’d spoken my peace on the patent troll topic, but no, it appears we’ll waste an intensive amount of energy playing rhetoric “whack-a-mole” all across Asia now.
I encourage you to catch up on my wildly popular series: here, here, and here about the pending death (through truth) of the false narrative surrounding the US patent system. Humbly, it’s a good series.
The quick summary is pejorative name calling just doesn’t last in IP or any other industry from that matter – both sides of the gripe get fed up and move on. Especially when the tag should never have been applied in the first place.
More and more statistics are revealed with each passing day and the AIA/Alice/PTAB apologists have less and less rock to hide under with their insinuation and rhetoric of bad actors wreaking havoc among all. The facts actually illuminate the exact opposite conclusions.
Here are some unvarnished facts from, dare I say it out loud, an inventor who has both made millions AND had to SPEND millions defending his patents under the current rule of law. It’s tragic that he had to become the “spokesperson” for these issues and spend $18 million dollars of his own money to “earn” the role:
“Going back to 1987, Docket Navigator shows a mere 66 “bad patents” that were asserted, found invalid, and resulted in an award of attorney fees. Yet the PTAB has killed 1,343 and put another 3,051 into limbo. And what harm did those 66 bad patents do? The prevailing party was made whole. “ – Josh Malone & Steve Brachmann
The truth does set you and free and for all of that I’m just glad – not in an “I told you so way”, although I did, but more as a matter of relief. I’d much rather focus my IP attention and energy helping inventors, small and large, see their innovations end up in the best place possible – helping the most amount of people achieve the most they possibly could for the most amount of economic value.
How on earth can that be a bad thing?
So, on to next “Waterloo” for the pro- and anti-patent crowd – the US Supreme Court’s hearing of the Oil States Energy Services, LLC v. Green’s Energy Group, LLC on November 27th. The subject will be, generally – the constitutionality of the PTAB to operate as US Congress has enacted it. Our Brad Sheafe did a great job exposing the damage the current system is leveling on every day inventors, invention and now the rule of law.
While the outcome of that won’t be known for many months, none of us can afford to sit around our keyboards writhing out half-cocked posts speculating its impact. Unlike like this author and his, sorry, full-cocked bit of digital lunacy. Authors like this – who don’t operate in the real IP world, who are neither smart enough to invent something themselves nor capable to help those that have actually had their ideas patented, they just waste a bunch of time, helping no one.
Worse, they agitate the ill-informed who become their unknowing shill and perpetuate nonsense – with the only hope that if the yelling it loud enough people will believe it. Well it worked – you idiots – now the Chinese have imported it. Good job!
To you I say, return to that ever-shrinking rock, crawl under it and stay!