A lowering of the standard for proving that patent cases are exceptional, where the patent owner has lost, would clearly
cause patent owners (including trolls), to not only think twice but to think deeply before filing a lawsuit.
Not exact matches
In a fraught environment where small businesses
owners are extremely guarded about their intellectual property — in particular their
patents — wizard inventor Elon Musk
caused quite a stir on Tuesday at the electric car company's shareholder meeting in Mountain View, California.
It was here that the vet discovered something that no
owner ever wants to hear — Melanie was suffering from an enlarged heart
caused by
patent ductus arteriosus (a heart defect
caused by problems during the development of the heart) and had mere weeks to live.
Of course, the U.S.
patent owner could also have his
cause taken up by U.S. diplomats who could press his
cause, either unilaterally in trade or other negotiations, or before General Agreement on Tariffs and Trade or World Trade Organization arbitration panels who could hear the case and decree a remedy that might or might not benefit the individual
patent owner.
The European Court of Justice has issued a ruling in Case C ‑ 442 / 09 Bablok et al v. Freistaat Bayern (Monsanto intervening) that might well
cause difficulty for food producers and for Monsanto, the
owner of
patents to many genetically modified organisms used or sold in the food chain.
When
patent owners can drag defendants into court in far - flung corners of the country it can
cause significant harm, especially for those who are on the receiving end of a frivolous lawsuit.
The VENUE Act addresses one root
cause of many of the
patent system's shortcomings: the fact that
patent owners can file litigation in whatever forum they think will give them the greatest advantage.