Agency Information Collection Activities; Proposed Collection; Comment Request; Project No. P131203 #00024

Submission Number:
James Koons
Initiative Name:
Agency Information Collection Activities; Proposed Collection; Comment Request; Project No. P131203
Matter Number:


I am adding my comments in support of the FTC's information collection activity. As a small business, we are the most frequent targets of these so-called patent trolls. We are also the organizations that do not have massive legal teams and/or budgets to fight these and often times are forced into settlements. Furthermore, mounting legal bills threaten further innovation and the ability to introduce new products that will create jobs. The SMBs count on the support from our legislators to enact laws to protect us so that we may continue to grow and create jobs and stimulate the economy. I applaud Mr. Goodlatte’s leadership in addressing the issue of patent trolls with the Innovation Act of 2013. I support the expansion of the Covered Business Method Program (CBM). Only under the CBM program can a company that has been threatened or sued on an existing patent ask the Patent Office to consider whether that patent is invalid for being vague – a common issue with business method patents (I have first-hand experience). Business method patents fuel a disproportionate amount of patent troll litigation (41%) and a majority of litigation against non-tech sectors, like retail (including ecommerce). They are nine times more likely to be litigated than other patents, but they lose 92% of the time! A cheaper, faster alternative is needed so that productive companies are not forced into nuisance value settlements on bad patents. I am happy that the FTC is investigating these patent trolls. I am urging you to support small business by protecting us from deceptive patent troll practices and exercise your authority under Section 5 of the FTC Act. The proposed collection of information is absolutely necessary for the proper performance of the functions of the Federal Trade Commission and it will have will have practical utility. Regards, James Koons ----- JAMES KOONS, CHIEF PRIVACY OFFICER LISTRAK 717.627.4528 OFFICE 717.627.6087 FAX JKOONS@LISTRAK.COM WWW.LISTRAK.COM