July 16, 2007

Honorable John Cornyn

United States Senator

Great State of Texas

RE: The Patent Reform Act of 2007 / Amendment to such.

Dear Senator Cornyn,

I have grave concerns with changes being made to the patent system that could dramatically weaken the patent system. One proposed provision attempts to severely limit the reasonable royalty a patent owner can obtain from a proven infringer, instead of the current market value approach. Another unwise proposed provision attempts to create an opposition procedure where anyone can basically tie up a patent for years by filing oppositions. In my opinion , it is the belief of the American People that their Government should not make grossly unfair laws that would let infringers get away with stealing someone else’s inventions, using such and being able by law to tie up consequences in court for years or to only have to pay extremely little for the theft. It would make the cost

to patent owners so burdensome to pursue infringes that they most likely could not pursue them. The potential small gain to be made would make the fact even worse, the patent owner could potentially have to pay out any gains made to lawyers and only they would

benefit, along with infringers laughing all the way to the bank. The system as it stands has already had to make adjustments on the way lawsuits are brought about as a result of costs due to tremendous time waiting on the courts, venue shopping to a court that specializes in patent lawsuits so as to hasten the process. As you already know, in your

State, the Eastern District Courts are doing just that, specializing in this process.

I am a shareholder of a company that owns an interest in a portfolio of patents that are suing infringers. The Easter District of Texas was chosen as the venue just for these reasons. Some of the infringers have settled and some are still continuing in the lawsuit. The court has a very serious job with claim constructions and other issues to be fair with both parties in suit like these. Specialist, like your Texas Court, have to do major research themselves in order to rule correctly. Another provision I read about is one where patent owner would be required to use their local courts or the court to where the foreign infringer’s U.S. office is in. That provision would muddy the waters even more, and force

a patent portfolio holder (that has hundreds of infringers and in every state ) to fly to every state in the country so as to start all over again for the next infringer. With a venue like the one in Texas, once the first trial is over, other infringers could be brought before the same court. This court would not have to start form scratch and learn all about such technical patents at issue, being already before them before. This helps a great deal in time and money.

I have two issues that I am asking your help on. First is to do what ever you can to stop your colleagues from taking away a patent holder’s rights to recover fair earning for their inventions in a fair and timely manner. I believe that if what I read becomes law, that large corporations could become above the law in so much as making the innovators

so much below the law that they are helpless to stop infringers by any means; and for the

ones who actually get compensation, by way of the legal system, such compensation

would in fact be so little that this fact in itself would be a kind to legalized infringement.

Second issue I raise, thinking that some sort of reform may pass, is that you should be prepared to attach amendments to any legislation of such. I purpose that you write an

amendment that will grant any court the right to take domain over any patents that have already been before it in the past. That is, some way to grandfather any patents that have already been or are now before the court, to be able to use the same venue for any and all future infringers of the same patents. There should also be a grandfather clause to allow anyone that a has already filed suit, not to be burdened at this point in their long process to have to apply any new laws, however that last point may already be moot, for it may already be covered by the ex post facto provision of the Constitution. This will help streamline the process for patent owners that have already spent years to get to this point. I also suggest that you consult your States court in the Eastern District about any other amendments that would help the process and the average person’s rights. I am writing my

senators, Pryor and Lincoln as well, asking them to seek you out and co-sponsor any

attachments that would help. I hope the Democrat Party won’t stop them from helping. Knowing your interest in Texas, and that of the American people as a whole, it should go unstated that I am asking for your votes against any such changes, as I know you look out for the fair application of laws

Sincerely,