House Bill Would Halt Some Common Patent Troll Attacks
7/22/2013
Reps. Darrell Issa, R-Calif., and Judy Chu, D-Calif., introduced
the Stopping the Offensive Use of Patents Act (STOP Act) H.R. 2766 Monday.
The bipartisan bill is similar to the Patent
Quality Improvement Act that Senator Schumer introduced in the Senate, and
would expand the Covered Business Method review program at the Patent and Trademark
Office.
The Computer & Communications Industry Association’s
Patent Progress project hosted a press conference call Monday with the Food
Marketing Institute to answer questions and provide details about how the abuse
of the patent system is not just impacting the tech industry but food retail
too. Both organizations welcomed the STOP Act, which would bring some relief to
the exponential rise in lawsuits from those whose main business is patent
lawsuits known as “patent trolls.”
The following can be attributed to CCIA President & CEO
Ed Black:
“This legislation would help recall bad patents that have
become the weapons of patent trolls. The patent system has become off balance
with a few bad actors using the legal system to extort money from everyone from
restaurants and businesses that have websites to those buying office equipment.
It’s time to return to a balanced system that gives innovators patents for real
inventions and stops those merely seeking to exploit the law. The STOP Act is a step in that
direction.”
The following can be attributed to CCIA Patent Counsel Matt
Levy:
“This legislation should get support from all sides – patent
trolls, as well as the retail establishments, restaurants, small business
owners and consumers that patent trolls are increasingly targeting. The reason
it should be so noncontroversial is that it saves both sides money in a patent dispute.
If the PTO determines the patent is invalid, the lawsuit goes away, and if the
patent holds up, that’s an issue neither side has to re-litigate in court.
“Anyone opposing this bill or Senator Schumer's bill is
essentially supporting bad patents. Opposing these bills is equivalent to
saying that the PTO shouldn't be given the chance to correct its mistakes. It’s
saying that if you can sneak one past a patent examiner, ‘good for you.’ The
problem now is that if you're the target of one of these bad patents, you're
going to have to spend thousands or millions in hopes you can persuade a
non-expert judge or jury (assuming you can afford to fight all the way to
trial).”