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____/ 7 on Thursday 07 Jul 2011 15:56 : \____
> Homer wrote:
>
>> Verily I say unto thee, that Roy Schestowitz spake thusly:
>>>
>>> Microsoft Puts the Squeeze on Samsung
>>>
>>> http://www.linuxinsider.com/rsstory/72813.html
>>
>> When the hell is somebody going to stand up to these thugs?
>
>
> The problem is the US patent office - it is very supportive
> of patent trolls and have themselves become the instrument
> of government sponsored patent trolling.
>
>
> The patent office needs to wade in and recommend patent trolling creates
> victims and the courts and prove to all its critics
> that the patent office will never side with patent trolls in principle
> and wherever possible in practice. They have done this before
> with submarine patents which is another form of patent trolling
> where patent trolls abused due process to extend grant date way way after
> a product has come into common use.
>
> For current round of patent trolls, the rules on patent enforcement
> practice has be based on good practice that makes sense for
> a free market to work without the patent office and patent law courts
> being itself the main obstacle to free market.
>
> So, the patent office needs to rule on how patent litigation is
> practiced to make the system fair:
>
> 1. No patent litigation is valid unless those accused have been given
> 30 days of advanced publicly disseminable
> notice to desist citing the EXACT legal reason
> citing the patent number and relevant paragraph in clear an
> unambiguous form - a form that will be presented to the courts with no
> further additional claims. If new claims are added, the accused must
> be notified again for 30 days before it can be presented in a court.
> These publicly disseminable notices should be allowed to be posted in
> public forums for victims to get community help and reduce their costs
> particularly if they are a small firm.
>
> 2. Any company that uses patent portfolio as a weapon for patent trolling
> should find its damages serious cut and costs awarded against them
> if it can be shown that the accused is also a victim of intentional
> patent trolling. The courts should have the right to over rule any and
> all NDAs that may hinder this process to discover this information.
>
> The courts and patent office have no rights to be distorting
> the free market by allowing patent trolls to flourish through extortion and
> hindering the free market.
>
> The patent office and patent courts need to review how
> they operate frequently to ensure they are never again
> the source of future variants of patent trolling and free market
> interference.
Now that the Internet exists to let people publish their ideas (the original
purpose of the patent office), why have patent offices _at all_? There must
be better ways now.
- --
~~ Best of wishes
Dr. Roy S. Schestowitz (Ph.D. Medical Biophysics), Imaging Researcher
http://Schestowitz.com | GNU/Linux administration | PGP-Key: 0x74572E8E
Editor @ http://techrights.org & Broadcaster @ http://bytesmedia.co.uk/
GPL-licensed 3-D Othello @ http://othellomaster.com
Non-profit search engine proposal @ http://iuron.com
Contact E-mail address (direct): s at schestowitz dot com
Contact Internet phone (SIP): schestowitz@xxxxxxxxx (24/7)
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