It seems to me the legal system should revamp the idea of "peers" in a patent jury to be people conversant in the area of discourse. This would make for speedier trials where the jury verdict would be easier to trust. As it is we see many cases where there are several appeal levels and a lot of court time is wasted.
It does not seem fair to either side the way it is, the jury has no experience to base their judgement on.
In a smartphone there can be so many patents involved. There is electronics, plastic body parts, so many applications, internet, metal parts etc. etc. I guess if someone starts counting it must go in millions. It would be interesting to see this data on a typical smartphone.
"patent reform"...America Invents Act, vers 1.0, 2.0, 3.0...
"This is not a patent reform bill" Senator Maria Cantwell (D-WA) complained, despite other democrats praising the overhaul. "This is a big corporation patent giveaway that tramples on the right of small inventors."
Senator Cantwell is right. All these bills do is legalize theft. Just because they call it "reform" doesn't mean it is. The paid puppets of banks, huge multinationals, and China continue to brain wash and bankrupt America.
They should have called these bills the America STOPS Inventing Act or ASIA, because that's where they're sending all our jobs. The present bill (vers 1, 2, 3, etc) is nothing less than another giveaway for huge multinationals and China and an off shoring job killing nightmare for America. Even the leading patent expert in China has stated these bills will help them steal our inventions.
Patent reform is a fraud on America. These bills will not do what they claim they will. What they will do is help large multinational corporations maintain their monopolies by robbing and destroying their small entity and startup competitors (so it will do exactly what they paid for) and with them the jobs they would have created. They have already damaged the US patent system so that property rights are teetering on lawlessness. These bills will only make it harder and more expensive for small firms to get and enforce their patents. Without patents we cant get funded. In this way large firms are able to play king of the hill and keep their small competitors from reaching the top as they have. Yet small entities create the lion's share of new jobs. According to recent studies by the Kauffman Foundation and economists at the U.S. Census Bureau, "startups aren't everything when it comes to job growth. They're the only thing." Meanwhile, the large multinationals ship more and more jobs overseas. These bills are a wholesale destroyer of US jobs.
Small entities and inventors have been given far too little voice on this bill when one considers that they rely far more heavily on the patent system than do large firms who can control their markets by their size alone. The smaller the firm, the more they rely on patents -especially startups and individual inventors. Congress and Obama tinkering with patent law while gagging inventors is like a surgeon operating before examining the patient.
Those wishing to help fight big business giveaways and set America on a course for sustainable prosperity, not large corporation lobbied poverty, should contact us as below and join the fight as we are building a network of inventors and other stakeholders to lobby Congress to restore property rights for all patent owners -large and small.
for a different/opposing view on patent reform, please see... http://truereform.piausa.org/default.html http://piausa.wordpress.com/ http://washingtonexaminer.com/patent-reform-like-most-reforms-in-the-end-benefits-the-biggest-guys-with-the-best-lobbyists/article/2524033 http://www.hoover.org/publications/defining-ideas/article/142741
It doesnt matter. Few patents cover anything of value or are even used. All an accused infringer need do is remove any infringing features from their product and they can avoid future infringement. If they cant, then those features were pretty essential so they should pay up and shut up!
People conversant in the details of a court case... In each jury selection process I have gone through, the lawyers for both sides have done their best to weed out anyone whom they thought might know anything about what was being tried. In one medical malpractice suit I was deselected from, they dismissed everyone who was a "professional" from the jury pool. Before we get to where you suggest, we must reform the US court system to truly allow a jury of peers to be selected. Otherwise the image of justice holding scales and wearing a blindfold should also include ear plugs.