Agency Information Collection Activities; Proposed Collection; Comment Request; Project No. P131203 #00075

Submission Number:
00075
Commenter:
William Thomashower
Organization:
Schwartz & Thomashower LLP
State:
New York
Initiative Name:
Agency Information Collection Activities; Proposed Collection; Comment Request; Project No. P131203

The FTC Notice indicates it will focus on the "wireless industry." It is unclear why that industry should be selected and whether there is enough PAE activity in that industry to make it the proper focus of the Seciotn 6b investigation. The AIA has special provisoins directed to Covered Business Methodd (CBM) patents perceived to be at the center of the PAE issue. Respectfully, the Commission should focuse on an industry that has established and well knwon PAE's. The undersigned's article "Means to Control the Patent Trolls" published in the December 2013 issue of Computer and Internet Lawyer (copy attached) discusses a number of actual abusive PAE cases, which are not in the wireless industry and may not even be CBM patents. The article also suggests that the solution to the problem is not Congress legislating new federal civil procedure rules which have no input from the judiciary, but for the courts to identify abusive PAE cases at the earliest possible stage, based on specific factors that distinguish abusive PAE cases from other non-practicing entities who have bona fide inventions to support an infringement suit, regardless of whether the plaintiff is a practicing entity. The abusive cases, or "patent trolls" should then be dealt with through expedited procedures to address the good or bad faith of the case before the defendants are subjected to the extensive pretrial costs which the patent trolls rely on in order to coerce settlements based on the economics of avoiding expensive litigation, rather then the whether the patent has merit as properly issued to protect an invention that made a non obvious advance in the art and whether defendant actually infringes. Respectfully submitted: Willaim Thomashower