The US in 2011 – via the exceedingly awful America Invents Act (AIA) alleged “reform” – fundamentally transformed its patent system.
One of the lies told to allegedly justify this monumental change for the very much worse? Was that we allegedly needed to address a “reformers”-manufactured shibboleth – the “patent trolls” – and the allegedly too-numerous lawsuits they filed.
About the only way patent holders can protect their property from theft – is via the lawsuit:
“(T)he main way for legitimate patent holders to legitimately defend their patents from thieves – is to file lawsuits against the thieves. Which, legally, looks – EXACTLY like what the fetishists loathe the alleged ‘trolls’ doing.”
So any move to reduce lawsuits – is a move to reduce patent protections.
The AIA reduced patent lawsuits, alright. For all the wrong reasons – in all the wrong ways.
“Patent litigation is not the out-of-control, innovation-eating epidemic perpetuated by bad actors we have been led to believe….
“Despite the increased number of U.S. grants, patent suits are an increasingly smaller fraction of active patents….
“The necessity to litigate patent disputes to get the attention of potential infringers and hold a meaningful licensing discussion has likely increased the total number of suits filed. If it has, it has not had much of an impact on the net total. This suggests that many patent holders who should be suing are not….
“As technology provides more opportunities to innovate and invent, it is no surprise that patent grants have grown. With the number of active U.S. patents increasing, the number of patent suits brought annually in U.S. district courts, including those brought by volume-filers, has been flat since 2017 and down since the introduction of the Patent Trial and Appeal Board (PTAB) in 2012.”
Ahh yes – the PTAB. Perhaps the awfullest part of the AIA.
“The Court ruled these Executive Branch (PTAB) judges are illegal – because they are in the Executive Branch (and not the Judicial Branch).
“But then posited as a ‘solution’ – having another member of the Executive Branch review their rulings.
“The Court’s ‘solution’ adds another layer of unconstitutional bureaucracy. It does not provide a remedy for the unconstitutionality the Court its own self identified.”
“DC has reverse-engineered the government entity (the United States Patent and Trademark Office [USPTO]) responsible for issuing patents – to now destroy patents.
“Patents that government entity its own self had issued – are now destroyed by that same government entity.
“This is insane. This is the USPTO saying ‘Congratulations, you have a patent.’ And then saying ‘Psyche. We were just kidding.’
“But not until after you took them and the patent they gave you at their word. And done what the Little Guys mentioned above did – spent even more time and money to start businesses and hire people.
“And then the government comes back and yanks the rug – they themselves weaved – out from under you.
“Far too frequently – at the behest of huge companies far larger than are you or I.
“Big Government and Big Business win. We the Little Guys – We the People – lose.”
Even more unfortunately, this was DC’s corrupt, crony intent with the AIA and its PTAB.
“PTAB was allegedly created to be a cheaper-alternative patent-challenge forum to more expensive patent-challenge court litigation….
“(But b)ecause it is easier to file with the PTAB – MANY more challenges are now filed. There is, in fact, virtually no limit at all to the number of PTAB challenges each individual challenger can file. This is frivolous litigation – pumped up to infinity….”
So: Why have the number of actual court cases dropped?
Because Big Biz far too often succeeds in using DC’s “solution” – to bankrupt the people from whom they are stealing.
So…no actual court cases necessary.
Only in DC would this be considered “reform.”