Msg 65620 of 65662 at 6/5/2014 4:35:10 PM by |
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It is Nice to See the USPTO Stand Up for the Patent Owners
For those of us who are weary from the repeated challenges to our precious VirnetX patents, perhaps the ruling by the USPTO today signals a more focused recognition of the importance of quiet title to patent owners and legislative intent. From the Decision:
"Our determination that RPX is acting as a proxy, which bars the institution of the proceeding, is also consistent with the express legislative intent concerning the need for quiet title. See157 Cong. Rec. S1034, S1041 (Mar. 1, 2011) (Sen. Kyl) (stating “the present bill does coordinate inter partes . . . review with litigation . . setting a time limit for seeking . . .review if the petitioner . . . is sued for infringement of the patent”).Congress "recognizes the importance of quiet title to patent owners to ensure continued investment resources.” H.R. Rept. No 112-98, at 48 (2011)(Judiciary Committee Report on H.R. 1249, June 1, 2011). Changes to the statutory structure “are not to be used as tools for harassment or a means to prevent market entry through repeated litigation and administrative attacks .. . Doing so would frustrate the purpose of the section as providing quick and cost effective alternatives to litigation. . Id. “It would divert resources from the research and development of inventions. Id."
Now perhaps WE can focus on the only thing that really matters - an affirmation by the CAFC.
Good luck to all longs,
V-Man