Sen. Carter Glass (D—Va.) and Rep. Henry B. Steagall (D—Ala.-3), the co-sponsors of the Glass–Steagall Act which brought real reform after the Wall Street collapse
"Good" patent lawyers are as few as "good" software patents (we wrote about this quite recently); there's none. Lawyers are devouring companies and organisations that oppose software patents and then hire the wrong people to help out. Those people profit from the mess and they protect their new job by never resolving the mess. There is some new EFF initiative called Trolling Effects, which is being used to focus attention on patent trolls. As one site, Patent Progress, put it:
Many a small business has been there. In the owner’s hands a letter filled with tons of legalese that makes little sense. They stare at the letter shocked, trying to figure out what the hell they are being accused of doing and how it means they might be liable for millions of dollars. It is becoming too real a story in America today – the plight of the patent demand letter recipient.
Yesterday, I attended a panel sponsored by the American Constitution Society, “Patent Assertion Entities: Helping or Hurting Innovation?” It was a great panel discussion, but, of course, there wasn’t time to respond to some points that needed responding to.
Patent reform is hot! The momentum seems to be building in Congress for patent reform to address the problem of nefarious patent exploiters (also known as non-practicing entities, patent assertion entities, and, less politely, trolls). As previously noted here, there are a number of serious legislative proposals circulating, and the President is pressing for new legislation.
Dislike of software patents is no longer confined to wild-eyed Redditors and Mark Cuban. The Washington Post points us to two Nobel Prize-winning economists who have recently come out against the very idea of software patents and have said that their existence is actually inhibiting innovation more than helping. Economist Gary Becker, for one, acknowledges that some software developers will lose their incentive to create software if they aren’t guaranteed intellectual property protections. However, he thinks this is an acceptable price to pay if it means freeing other software developers from the burden of high legal expenses.
This was the hearing on their RAND dispute building up to the second part of the trial in this litigation which is set to begin on August 26th, and, as is typical before a trial, both sides brought motions for summary judgment or partial summary judgment. There was a trial already, part one, with the judge only, no jury, and he set a RAND rate Microsoft should pay to Motorola, a very low rate. But there is a second trial coming up in August, this time with a jury, on whether or not Motorola breached its RAND obligations, which is what Microsoft claims, and if so, whether Microsoft should receive damages and attorneys fees. Motorola filed a motion for partial summary judgment [PDF] on those issues. Here's Microsoft's opposition [PDF].