11.16.14

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The GOP’s Patent Reform Plan Not Effective Enough to Stop Massive Patent Trolls Like Microsoft/Nokia

Posted in Law, Microsoft, Patents at 5:35 am by Dr. Roy Schestowitz

GOP

Summary: The corporations-serving GOP says that it wants a patent reform, but another reminder is needed of the futility of the suggested changes

THE WALL STREET JOURNAL, a GOP-leaning News Corp-owned paper, says that “Leading GOP Senator Says More Patent Reform on the Horizon”, but as we explained before, this is not an effective reform. Being on the GOP’s agenda, one can expect it to serve large corporations rather than public interests (which GOP is neither sympathetic nor apathetic towards because public interests often conflict with business/rich people’s interests). “The bill,” says the paper, “will likely add new responsibilities on plaintiffs filing patent-infringement suits. Among the possible additions: a provision requiring plaintiffs who lose their infringement lawsuits to pay the defendants’ litigation costs.”

This would be effective in preventing poor people or small businesses from suing, irrespective of their nature (e.g. trolls, startups, individuals). It hardly deters large corporations with a large budget; for them, legal costs are typically slush funds.

“It hardly deters large corporations with a large budget; for them, legal costs are typically slush funds.”This is of course better than no amendments to existing laws, but does it go far enough? It might not be enough to discourage big trolls like Nokia, which the paper above indicates is likely to use software patents for profit (article behind paywall). Nokia is already patent-trolling, with Microsoft’s help, by proxy, e.g. through MOSAID (now renamed “Conversant” because of its bad reputation). The European authorities have already been made aware of this and they warned Nokia.

Nokia seems to be following the footsteps of companies like Qualcomm, which got the attention of some pro-software patents the other day.

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