Author Archives: Randy Landreneau

The Latest on the Battle for Inventors – 4/11/2016

Hello Friends,

I hope you are all doing well. If ever you need something to be proud of, consider that you are part of the the most important grass-roots movement of our time, the effort that has so far kept multinational corporations from destroying the heart of America – Independent Invention.

Perhaps you think I’m overstating our importance. If so, you should really take a look at what we represent. Nothing is more American than an individual using his or her intelligence and creativity to solve a problem with a novel concept that then becomes part of a successful enterprise and sometimes, a game-changing step forward for mankind.

Historically, it has been the individual, not the corporation, that has come up with real innovation. You would think that corporations, with all their resources, would be better positioned to innovate. But they, by necessity, have to protect what they already have. A friend who was once an engineer at Hewlett Packard told me that whenever someone there came up with something that was “too good,” it got shelved because it would take income away from already profitable product lines.

The individual is the key to innovation, and the reason that America has out-innovated the rest of the world from the beginning is that our Founders understood the importance of empowering the independent inventor with the rights to the intellectual property created by his or her mind. And they really did mean “his or her” – the Patent Act of 1790 described inventors as “he, she, or they.” Yes, women had all the rights of men when it came to critically important American innovation.

But didn’t other countries have patent systems? What they had were systems designed to benefit those in favor with the establishment and keep the powerful in power. Later, when it became obvious that America had created something revolutionary and the rest of the world was being left behind, other countries made efforts to make their patent systems more like ours. But they never really got there because their general philosophies were far from rugged individualism. Apparently, the aristocrat never really wants to empower those “below” him.

Another thing we have in America that the rest of the world lacks is a legal system that has allowed the independent inventor to get justice. There are two elements to this. In the rest of the world (or at least the vast majority of it), you can’t hire an attorney on contingency (his pay coming primarily from the eventual winnings). Being able to hire an attorney on contingency is the only way that most American inventors can afford to take an intellectual property thief to court.

Also, in the rest of the world, if you sue someone and don’t win, you owe the other person his or her legal costs, called “Loser Pays.” Could the typical inventor risk owing the infringer millions of dollars? Think your wife would be OK with that?

The fatal bills that we have so far kept from becoming law (H.R.9, The Innovation Act and S.1137, The Patent Act) would put Loser Pays in effect and, while not directly addressing the contingency arrangement, would make it infinitely harder to obtain contingency representation. Investors in patent-related innovation could become personally liable for millions if it became necessary to litigate against a patent infringer. For the independent inventor, his or her investors, and future American innovation, these bills are fatal.

If you’re thinking bills like this could never pass, The Innovation Act did pass the US House in a landslide in December of 2013. Paul Morinville and I sprinted to DC in January of 2014 and, with many face-to-face meetings, lots of emails and calls from all of you, and a little luck, helped get it side-tracked in the Senate. Of course, it all came back in 2015 and the fight was harder and longer, but we had a few more allies this time.

The good news is that with all that is going on in Washington right now, and with the ruckus we have stirred up on this issue, it is possible that these bills will not be able to be addressed this year. I will be watching closely along with our allies US Inventor and Innovation Alliance to see if things change.

I’ll be giving updates on this, as well as on some offensive efforts to take back some of what inventors have lost in past legislation. It is possible that we may get some help from the Supreme Court! Stay tuned, and keep inventing.


Randy Landreneau, Founder

Independent Inventors of America

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.


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.


Randy Landreneau, Founder
Independent Inventors of America