For those following Patent Law....

[SweetT]

My General Counsel (Matt, which most of you know) follows this stuff pretty closely and he sent me this that was released today:

http://www.law.com/jsp/article.jsp?id=1067350952811


Even though this is not law and may be too late to do any good for those fighting ACACIA, it is still good information.

In a nutshell, the FTC is asking Congress to enact a law to change Patent Litigation to allow it to be *easier* to prove a patent is invalid. Currently it has to be "clear and convincing evidence" (which, according to Matt, is just slightly below "beyond a reasonable doubt") to "a preponderance of the evidence" (which, accordiing to Matt, is more like a civil case where it can be 51%).

This could be huge if it continues down this road...but the Justice Department is doing it's own research and will weigh in soon and then it will have to go before Congress who may, or may not, act on it.

I just thought I would present this to all who were curious, with the normal disclaimers: I am not an attorney. I do not play one on TV. Matt is not a Patent Specialist, but plays an OBGYN on TV. Void where prohibited by law. Allow 6-8 weeks for delivery.

--T

[Mike AI]

Originally posted by SweetT@Oct 29 2003, 04:34 PM
My General Counsel (Matt, which most of you know) follows this stuff pretty closely and he sent me this that was released today:

http://www.law.com/jsp/article.jsp?id=1067350952811


Even though this is not law and may be too late to do any good for those fighting ACACIA, it is still good information.

In a nutshell, the FTC is asking Congress to enact a law to change Patent Litigation to allow it to be *easier* to prove a patent is invalid. Currently it has to be "clear and convincing evidence" (which, according to Matt, is just slightly below "beyond a reasonable doubt") to "a preponderance of the evidence" (which, accordiing to Matt, is more like a civil case where it can be 51%).

This could be huge if it continues down this road...but the Justice Department is doing it's own research and will weigh in soon and then it will have to go before Congress who may, or may not, act on it.

I just thought I would present this to all who were curious, with the normal disclaimers: I am not an attorney. I do not play one on TV. Matt is not a Patent Specialist, but plays an OBGYN on TV. Void where prohibited by law. Allow 6-8 weeks for delivery.

--T


This is a very important change....

[DaveAFX]

More information from the FTC on this..

http://www.ftc.gov/opa/2003/10/cpreport.htm

[Cassie]

thanks for the info. i, like others i am sure, wonder how soon this will all take place.

[Hell Puppy]

This is important. Patents are a good thing, people should be able to protect their intellectual property.

What needs to be fixed is the way these things are validated, it basically requires tying the whole thing up with lawyers for several years and thus makes the entire system susceptible to the exact kind of abuse you see coming from Acacia.

It can be worked the other way too. A little guy can have a perfectly valid patent and big companies with big money can starve him to death in the court system without ever paying him a dime.

The system is broken and should be fixed.

[Paul Markham]

I would fight to the death before I gave them a penny. I would come to the boards and beg for business so I can fight them rather than just collapse and turn over client’s information.

When we win and we will, there is going to be a blood bath. Acacia have made to much of the people who are signing up for them to keep that a secret, IT WILL COME OUT IN COURT. Then we will know who our friends are and know who to send traffic to or buy from.

What Matrix did not put into their calculations when they were thinking about whether to sign up was their standing in the industry. They thought every dumb fuck Webmaster is going to keep on doing business with them.

Well the reality may be different, maybe webmasters sitting with letters on their desks are going to wake up and realise, part of every dollar we give to a licensee is going to be used to FUCK HIM.

It’s one thing to lie down to a bully, but don’t give him the bat to bash you with.

Starve the licensee’s of cash and you starve Acacia. Simple really.

If you have the letter read this it’s a good insight on the situation.

http://finance.messages.yahoo.com/bbs?.mm=...80497&mid=22561 (http://finance.messages.yahoo.com/bbs?.mm=FN&action=m&board=7080497&tid=acri&sid=7080497&mid=22561)

[Dravyk]

Nice find! Hi's to Matt for me, T.

The smell of Patent Reform is in the air. It just has to be brought back to check the frivilous one's that have slipped in since 1990, not merely cure the one's down the line. The harm is already done, and the E-conomy has already become infected.

[FightThePatent]

Originally posted by SweetT@Oct 29 2003, 01:34 PM
In a nutshell, the FTC is asking Congress to enact a law to change Patent Litigation....

FTC Issues Report on How to Promote Innovation Through Balancing Competition with Patent Law and Policy


http://www.ftc.gov/opa/2003/10/cpreport.htm

(ooops.. just saw someone had already posted it)


Fight the Patent!



Last edited by FightThePatent at Oct 30 2003, 10:12 AM