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Old 05-22-2017, 03:50 PM   #1
frankbell
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U. S. Patent Trolls Handed a Defeat


The Register reports that the U. S. Supreme Court has issued a ruling that may inhibit patent trolls; the gist is that companies may be sued only in the state in which they are incorporated and therefore may put an end or reduce the practice of patent trolls' shopping for friendly courts.

http://www.theregister.co.uk/2017/05...ophole_closed/

Here's an excerpt.

Quote:
The Supreme Court's ruling overturns a US Circuit Court finding, which held that any place a company fell under jurisdiction could be the venue for a patent hearing. Rather, the Supreme Court says, courts should follow a 1957 ruling that sets the defendant's place of incorporation as the venue for infringement cases to take place.

"We therefore hold that a domestic corporation 'resides' only in its State of incorporation for purposes of the patent venue statute," the court's ruling declares.
 
Old 05-23-2017, 08:50 AM   #2
sundialsvcs
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I wonder what this will do to the present practice of "incorporating" your obviously-American business "in the Bahamas, the Cayman Islands, or <<somewhere_else_offshore>>," which is right now widely done in order to evade corporate taxes.
 
Old 05-24-2017, 01:56 AM   #3
ardvark71
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Hi all...

Just saw this article on Reuters...

http://www.reuters.com/article/us-us...KBN18J2UB?il=0

Regards...
 
Old 05-24-2017, 05:25 AM   #4
Laserbeak
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This is interesting. My mom works for the IP department of a lawfirm, mainly filing for new patent applications. They recently changed it so that the first person to file is automatically the patent holder, so there can be no more long drawn out lawsuits by people saying they had the idea first even though they didn't file first.
 
Old 05-27-2017, 03:26 PM   #5
frankbell
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Quote:
I wonder what this will do to the present practice of "incorporating" your obviously-American business "in the Bahamas, the Cayman Islands, or <<somewhere_else_offshore>>," which is right now widely done in order to evade corporate taxes.
Another article I discovered today indicates that it could be a place where the company has a "business presence," such as a factory or regional office. I'm linking to that article, because its primary thrust is the extent to which the town of Marshall, Texas, has come to base its economy on patent trolls. Here's the money quote:

Quote:
Instead they have to file in districts where the company is incorporated or where it has an established place of business.
I'm not quite sure what "established place of business" means, but it's clearly not the same as "ships to" or "sold in stores at." Here's how Colorado defines established place of business.

Last edited by frankbell; 05-27-2017 at 03:27 PM.
 
Old 05-30-2017, 10:47 AM   #6
sundialsvcs
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In the end, we are simply going to have a better way of deciding whether a claim is, in fact, "novel and non-obvious." Patent examiners face a flood of thousands of new patent applications every day: they quite-literally don't have time for it.

We also must come up with a system, other than lawsuits, for invalidating (and/or protesting) a patent claim.

An operating-system textbook discussed the updating of linked-lists using atomic instructions (such as Intel's LOCK prefix, or an IBM mainframe's CDS = Compare Double and Swap). And yet, IBM Corporation obtained a patent on the idea. What would anyone in a college classroom have done if an actual attempt to patent the Bubble Sort had succeeded?

Today, we spend trillions of dollars litigating patents that aren't worth the paper they're printed on: patents that exist only to be litigated.

Last edited by sundialsvcs; 05-30-2017 at 10:48 AM.
 
  


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