"What road will we choose? Will we favor legislation that seeks to weaken the patent system or will we choose legislation that seeks to restore some of the strength of the patent system?"
"will we choose?"...lol
We, as in general population, choose nothing.....I'll never have lobbyists working for my considerations....neither will e.Digital or any company of that stature.
sman, I see that as the wave.....the wave does not stand still one way or the other. The road is paved to benefit those that have the ability to lobby for the conditions that are warranted one way or the other on their behalf.
The following is an example of what I consider nothing more than manipulation....one way or the other as needed...on the fly if you will.
Strong Act...perceived to be good...
First, it changes inter partes review and post grant review so that they are just as imbalanced as trial court litigation. It would take clear and convincing evidence to invalidate a patent, and the claim construction rules would be changed to use the same standard as the district court. The rules would also change so that third parties could no longer file petitions for review.
The STRONG Act also changes the rules for ex parte reexamination. Accused infringers would have one year to file their reexamination requests after a complaint is served.
The STRONG Act changes the law for district court litigation. It would undo the Seagatedecision and lower the burden of proof for willful infringement. And it would undo the Supreme Court’s decision in Limelight v. Akamai, which would make it easier to prove inducement to infringe a patent.
The above information is presented to benefit a point of view appreciable by either the weak or the strong depending on what is warranted.
It's the ease that law can be changed...one way, or the other... that is the problem.
They change the law so often on many issues, one way or the other, the saturation of it all becomes overwhelming and keeps things in a state of confusion.
Confusion is a purposely devised effort. As those that have the ability to buy government need both prospectives of law, one way... or the other... in order to survive..
doni
