StartupJournal reports that the federal appeals court has ruled in favor of big corporations over inventors in a case that will make patent protection much more difficult for the little guy. The ruling makes ‘willful’ patent infringement much harder to prove.
“Before the ruling, it was easy to prove willful infringement by having defendants admit they hadn’t obtained a legal opinion as soon as a patent holder asserted a violation. But the appeals court said such evidence on its own isn’t sufficient anymore, forcing plaintiffs to find other evidence of willfulness.
“Big companies think the court’s ruling could reduce claims by so-called patent vultures, who buy patents from defunct companies solely for the purpose of licensing and litigating. But it also limits the clout of individual inventors and makes lawyers less willing to take them on as clients on a contingency basis.”
This ruling will splash a big bucket of cold water on the part of our entrepreneurial economic expansion created by inventors. This is the classic case of the court throwing out the baby with the bath water.
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