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Senate Vote Tomorrow Could Give Helping Hand to Patent Trolls

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Re: Senate Vote Tomorrow Could Give Helping Hand to Patent Trolls

#51

Post by AlbertCory »

bee_rider wrote: post #50
AlbertCory wrote: post #35

Earlier quoted context omitted.

> throws its weight to take patented technology without payment This is called "begging the question": assuming what is in dispute and needs proving. "Patented technology" assumes that the "invention" was indeed worthy of a patent. If you want to take some example patents whose claims were thrown out in IPR, I'll be happy to debate them with you. > Ex Parte Reexamination simply makes it easier to avoid patent claims…

I’m generally of the opinion that you are probably right, given that you are on a site where people are inclined to be opposed to your position but are handling the argument quite deftly (this is a dumb way of handling it, but I’m not a law guy, I’m a programming guy, so this is outside my wheelhouse, so I’m just using social signals). But this has be confused: >> Is this not depriving people of their right to a jury…

> And these costs, where do they come from? Does every trial cost a million dollars a day? (I mean surely small claims court trials don’t right?)

small claims courts don't have a jury.

If you're suing a giant company and asking for hundreds of millions in damages, they're for sure going to pull out all the stops. It's not My Cousin Vinny.

Re: Senate Vote Tomorrow Could Give Helping Hand to Patent Trolls

#52

Post by bee_rider »

AlbertCory wrote: post #51
bee_rider wrote: post #50

Earlier quoted context omitted.

I’m generally of the opinion that you are probably right, given that you are on a site where people are inclined to be opposed to your position but are handling the argument quite deftly (this is a dumb way of handling it, but I’m not a law guy, I’m a programming guy, so this is outside my wheelhouse, so I’m just using social signals). But this has be confused: >> Is this not depriving people of their right to a jury…

> And these costs, where do they come from? Does every trial cost a million dollars a day? (I mean surely small claims court trials don’t right?) small claims courts don't have a jury. If you're suing a giant company and asking for hundreds of millions in damages, they're for sure going to pull out all the stops. It's not My Cousin Vinny .

Are you saying the jury is what costs a million dollars a day? That’s mind-blowing to somebody who doesn’t have any contact with the legal system.

Dang, I wasn’t picked for jury duty a while ago. At some fraction of a million bucks a day, I’d have been set for a while.

Tongue in cheek of course. Look, I’m intentionally stating my stupidity here, what’s the cost, is it really unavoidable or is it something that these big companies take on by their own decision?

Re: Senate Vote Tomorrow Could Give Helping Hand to Patent Trolls

#53

Post by AlbertCory »

bee_rider wrote: post #52
AlbertCory wrote: post #51

Earlier quoted context omitted.

> And these costs, where do they come from? Does every trial cost a million dollars a day? (I mean surely small claims court trials don’t right?) small claims courts don't have a jury. If you're suing a giant company and asking for hundreds of millions in damages, they're for sure going to pull out all the stops. It's not My Cousin Vinny .

Are you saying the jury is what costs a million dollars a day? That’s mind-blowing to somebody who doesn’t have any contact with the legal system. Dang, I wasn’t picked for jury duty a while ago. At some fraction of a million bucks a day, I’d have been set for a while. Tongue in cheek of course. Look, I’m intentionally stating my stupidity here, what’s the cost, is it really unavoidable or is it something that these…

I realize I was a little glib in ignoring your comments on the right to a jury trial. This IS a gray area, in that you can be deprived of your property.

However, if there's a city planning board hearing on your application to remodel your house, you're not entitled to a jury. The IRS can assess penalties without a jury. So it's not as simple as "you have a right to a jury trial." The PTO awarded your patent, a process that might have included multiple appeals, without juries. Not all administrative procedures allow juries.

I attended one day of the Apple v. Samsung trial in San Jose. Google had a "war room" (I assume Apple did, too), which was a suite in a hotel where we had meals brought in, and held all the work product. You can't risk sitting around in a restaurant and having people overhearing and bothering you. The war room has a guard outside 24x7.

Expert witnesses are transported there and housed, and paid anywhere from $300 to $900 an hour. Most of the legal staff don't live in that city and have to travel there. Partners in big law firms bill at $1000 an hour or so.

Big money.

Re: Senate Vote Tomorrow Could Give Helping Hand to Patent Trolls

#54

Post by pfdietz »

pfdietz wrote: post #43
Loughla wrote: post #40

Earlier quoted context omitted.

I mean, they are leaders in genetic use restriction technology in crops. This runs counter to millennia of the farming practice of seed saving for very small farms. That feels pretty bad guyish. Unless I'm missing something?

You're repeating more of the bullshit there. You're talking about Terminator seeds, which were never brought to market , and which don't do anything good old fashioned non-GMO hybrid seeds did (in preventing reuse of seeds.)

which hybrid seeds didn't do, I meant. The point is that hybrids don't breed true, so they nix farmers retaining and reusing seeds as effectively as Terminator seeds would.
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