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Independent Inventors of America was created to educate, inform and protect the independent inventor. The Founding Members are the heads of non-profit inventors groups nationwide. Right now, we face a serious threat. With the stated purpose of curtailing frivolous litigation, legislation is being pushed that will make it virtually impossible for an independent inventor to defend a patent against theft. This legislation will also drastically increase the risk when investing in patent-related start-ups. For more information, go to the “Papers” tab on this site. For an update on what is happening right now, see below.


Inventor Rights Fight Update - 9/1/2015

Hello Friends,

I hope you are doing well. In my last email, I was (again) too optimistic. To win this fight, it will take a lot more than just finding proof of actual hidden efforts within the bills to help patent infringers. I found another one that nobody has been talking about.

To explain it, you first need to know about a very bad bill for us that passed in 2011 - The America Invents Act. One thing this bill did was change the American Patent System from First-to-Invent to First-to-File. One of the many arguments against this change was that, with First-to-File, a person who obtained information about an invention could file before the inventor and get the patent. Those for the bill said that the person filing for the patent would have to execute an oath or declaration that he was the inventor, which they claimed would help stop dishonest filers. Well, in The Innovation Act (Manager’s Amendment Version), on page 73, lines 10-13, the language that said the filer “shall execute” is changed to “may be required to execute” an oath or declaration. So, again, The Innovation Act will make it easier to steal intellectual property. This language is also in the Senate’s PATENT ACT, S.1137.

How much of a smoking gun do we need to end this thing? I am reminded of an ethically challenged Louisiana governor, Edwin Edwards, who got elected a number of times. The day before one successful election, he proclaimed to the press “the only way I can lose this election is to be caught in bed with a dead girl or a live boy.” Definitely let me know if you find out something along these lines regarding ”patent reform.”

The forces behind the House’s Innovation Act, H.R.9 and the Senate’s PATENT Act, S.1137, are working hard. The recent propaganda articles in The Economist and Forbes are examples. But a positive note is what happened at Carly Fiorina’s Press Conference at the Iowa State Fair a week ago ( go here and watch 1:24 to 2:53). The guy “in the hat” who asked the question is none other than Paul Morinville – well done, Paul! Another ally is Heritage Action. Michael Needham, CEO of Heritage Action was on Fox News Sunday with Chris Wallace and he said something about K Street lobbyists getting patent legislation passed that is against what Republicans were voted in for.

We’ve got allies, but our opponents are pushing hard. Behind the scenes, the drug companies are working hard to get enough of a carve-out that they can back the bill. If they do, we will have a much harder time stopping it.

The bottom line is that we have to keep fighting. Keep calling and emailing your Representatives and Senators. Get personal meetings with them when they are in town. A successful action has been going to the Town Hall meetings of your Rep and Senators and telling them publicly that you are against these bills. If he is a Republican, bring up property rights, Constitution, and the capitalization of small business. If he is a democrat, focus more on how these bills enable the large corporation to crush the little guy.

Don’t stop fighting. Also, I’ve been approached by a few individuals on this list who need some of the services I provide in design and prototyping. If you have any interest, here’s a short video.

Best,

Randy Landreneau, Founder
Independent Inventors of America


Smoking Gun Found in Innovation Act - 7/27/2015

Hello Friends,

I mentioned in my last email to you that I had found something hidden in The Innovation Act that had been missed by a lot of people. I noticed a sentence that didn’t make any sense. I was going to go past it, but I decided to find out what it was. This is the sentence:

“Section 273 of title 35, United States Code, is amended by striking subsection (f).”

There was no explanation, and it was not in an area that indicated any importance. It was designed to be missed.

Research showed that Section 273 of title 35 is “Defense to infringement based on prior commercial use.”

Subsection (f) is “Unreasonable Assertion of Defense— If the defense under this section is pleaded by a person who is found to infringe the patent and who subsequently fails to demonstrate a reasonable basis for asserting the defense, the court shall find the case exceptional for the purpose of awarding attorney fees under section 285.”

So, if the patent infringer is found guilty, and found to have asserted false claims of prior use in his defense (lied), the infringer will have to pay the patent holder’s attorney fees.

But the hidden sentence in H.R.9 eliminates this – it removes the penalty. This is outrageous! The law is being changed to make it easier to steal legitimate intellectual property.

There are probably other statements like this in H.R.9. This is also in the Senate’s PATENT Act, S.1137.

A document that describes this information is here. Please email it to your Representative as proof that there are individuals behind this legislation whose motives are very different than what has been stated.

One of the big problems, that the politicians will not admit, is that powerful constituents provide the language for bills. This is proof that the system is flawed, and that real abuse has occurred.

Right now, drug companies are pushing hard to get enough of a carve-out that they can support H.R.9. Same for the universities. If they are able to do this, the bill could have enough support to pass. We need to use this new information to make sure that all decent Representatives remain opposed to this bill.

Please email your Representative regarding this issue, and include the document (find him or her here). This is outrageous and we need to make sure they know it.

Best,

Randy Landreneau, Founder
Independent Inventors of America


The Beast is Still Kicking - 7/21/2015

Hello Friends,

Last Wednesday, it was announced that The Innovation Act (H.R.9) was not going to a floor vote till after the summer session. This was a huge win for us. But a day later, what appeared to be firm ground started to shift. (Any new readers can go here and here to get up to speed.)

Even though the delay had been announced, an insider informed us that Goodlatte was given the OK to take the bill to the floor if he could get the votes for it. And then I started getting indications that the huge forces on the other side were trying to revive H.R.9! A big hearing was announced for Monday (yesterday) with the top attorneys for Google, Cisco, General Motors, Linkedin, and others. Wow, the officiating in this game stinks!

I went back to DC yesterday to be at the meeting and fight for our rights. They used a bunch of propaganda and cherry-picked statistics, and high-level attorneys can be pretty convincing. I challenged them on the key points, and I wish I could tell you that they threw in the towel, but they didn’t. However, after the meeting, the attorney for GM came to me and told me he agreed with me regarding presumptive Loser-Pays.

It looks like these guys are in DC right now using all of their propaganda and influence to try to resurrect H.R.9.  Having spent over $100,000,000 lobbying last year alone, they are not giving up. A hearing was just announced by the House Judiciary Committee for Thursday that will be put on by Michelle Lee, the head of the US Patent Office. Remember, Ms. Lee is the former Head of Patent Strategy at Google! You couldn’t make this up!

But here’s the good news. I took a closer look at a sentence in H.R.9 that looked like nothing, and found the smoking gun we need right now. Placed inconspicuously where nobody was looking, and written in a way that you’d have to do research to even know what it was talking about, is a legitimate smoking gun we can use to finally kill this bill! Amazingly, nobody on our side had realized what it was.

Without going into the details, in a certain type of patent infringement defense, it removes any penalty for knowingly using false claims. The guilty patent infringer can lie, cheat and steal with no penalty! It is sitting right there. And who knows how many other protections for intellectual property thieves there are hidden in this bill.

Paul Morinville and I are putting together a paper on this that we will use to definitively kill H.R.9. I’ll make it available when we have it. We will win this righteous battle!

Best,

Randy Landreneau, Founder

Independent Inventors of America




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