"Three provisions are especially troubling. One would restrict damages levied on infringers in patent lawsuits by basing the award on the price difference between the infringing and previous product. Every consumer knows that new products--PCs, software, cellphones, for instance--that incorporate cool new features are often sold at the same or lower price than previous versions. Under this scenario, the inventor whose innovation was taken from him would probably receive no damages under S. 1145."

Another onerous change would diminish a patent's value by permitting it to be challenged not just for a relatively short period of time after it is granted, but for its entire life.

These are the parts that will destroy the MMP. These large corporations with billions of assets and hundreds of millions that they can throw the lawyers could tie us up in court forever. They lie when they say they are not infringing and thery can perpetuate this ad infinitum like the cigarette companies, never having to pay. The lawyers and the infringing companies continue to make huge profits and the companies write off their legal expenses as a cost of doing business.

Foreign companies, like in China, could care less especialy if they don't do business in the USA. IBM et al know they can't enforce their product overseas. Their game plan must be addressed by TPL and others if they hope to defend the Charles Moore's of this world.