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Against Monopoly

defending the right to innovate

Monopoly corrupts. Absolute monopoly corrupts absolutely.





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Those Dreaded "frivolous patent challenges"

Will Proposed New Post-Grant Review Procedures Invite Abuse? that "The Innovation [sic] Alliance" is opposed to reforming the patent system to allow "post-grant review mechanisms"--that is, ways for potential victims of patent extortion to challenge the validity of issued patents. The group is worried this might permit "repeated frivolous patent challenges"! Got that--not frivolous patents, but frivolous patent challenges! This is like a plaintiffs' lawyer who files frivolous lawsuits complaining about people defending themselves from it--they ought to just cough up the demanded money and quit finding "frivolous" defenses!

Here, people who use the power of the state to unjustly acquire a monopoly that gives them the right to legally extort victims are complaining about "frivolous patent challenges". Wow, some chutzpah.

The post also notes:

The fear is that such service provides will offer to "creat[e] uncertainty about a problem patent by tying it up in a long reexamination process and effectively nullify the problem patent" to get lower rates during license negotiations "until the uncertainty ends."

So.... to avoid reducing the amount of extortion holders of "problem patents" can demand, we should just presume patents are valid--even if they might not be--and don't allow any kind of challenge that could just "cause uncertainty." Wow.

I don't know. I prefer justice to certainty. Call me crazy.


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