I Have an Either-Or Solution to IP Theft
- February 27, 2023
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Big Tech is especially, nefariously notorious for stealing Intellectual Property (IP).
Big Tech Threatens Economy With Intellectual Property Theft
Big Tech and Big Data vs Private Property
How Google and Big Tech Killed the U.S. Patent System
How? By purchasing Big Government flunkies – and the massive cronyism they can provide.
The US Has Institutionalized Big Tech’s Intellectual Property Theft
Patent-Stealing China and Big Tech Are the Biggest Beneficiaries of DC’s Patent ‘Reform’
Why the 2011 America Invents Act is Bad for Entrepreneurs, Bad for Startups, and Bad for America
One way Big Government obnoxiously assists Big Tech – is allowing them to continue to do business with the items they’ve stolen.
Injunctions: How Communist China Is Demonstrably Better Than US at IP Protection:
“One way the United States (US) is fundamentally unserious about IP protection – is its decided lack of use of injunctions in IP theft cases.
“Let us briefly visit the legal dictionary:
“‘Injunction: A court order by which an individual is required to perform, or is restrained from performing, a particular act.’
“In IP legal cases, this means the people using the contested IP – and alleged to be doing so without permission from the IP holders – must stop using the contested IP until the courts have settled the case.
“Which only makes very basic, very common sense.
“‘Apple Gets to $1 Trillion – Trafficking in Goods They’ve Stolen (August 2018):
“‘(F)or years and years – through generation after generation of iPhone – Apple has signed all sorts of contracts with Qualcomm. Promising under penalty of law to pay Qualcomm for the use of Qualcomm’s patented ideas.
“‘Except since April of 2017 – Apple hasn’t paid Qualcomm a penny….
“‘Apple has sold – by now – way over 200 million $1,000-per iPhone Xs. And hasn’t paid Qualcomm for any of them.
“‘Oh – And how much is Apple contractually obligated to pay Qualcomm per $1,000 iPhone X? Less than $20….
“‘Apple still had and has – signed contracts with Qualcomm. In which Apple was and is obligated to pay Qualcomm for the use of Qualcomm’s patents. Apple just isn’t paying.
“‘Apple filed lawsuits to get out of the contracts they themselves signed. And bizarrely decided they would stop paying Qualcomm – until the court cases were decided.
“‘Ummm…that’s not how it works. The contracts are valid – unless and until they are invalidated. Which means Apple is on the hook to Qualcomm – unless and until they’re not.’
“That mess was finally settled in April 2019. But you see how quite obviously reasonable an injunction would have been in the case.
“In fact, you shouldn’t need signed contracts – to get injunctions against thieves of your IP.
“To wit: Say I steal your car. I am not allowed to continue to drive the thing all the way through the court process – the initial case and all subsequent appeals – to adjudicate my culpability.
“At the very least – the car gets impounded by the cops. Most often – the car is returned to the person who holds the car’s title. Because the person holds the car’s title.
“Well, the car title for IP – is a patent, trademark or copyright. Just like the car title, your IP title is a government-issued document that guarantees you certain ownership rights.
“Someone shouldn’t be able to steal your patent – and then continue to drive it while you sue him to get him stopped.”
Speaking of Big Thief Apple – and their trafficking in stolen goods? You may want to sit down for what follows….
President Joe Biden and the US International Trade Commission (ITC) are…about to do the right thing.
I’ll pause while you recover from the shock….
Ok, we’ll continue…..
Apple Watch Closer to Possible US Import Ban After Biden Upholds Patent Ruling:
“The Biden administration on Tuesday declined to overrule a US International Trade Commission decision that the Apple Watch had infringed health monitoring patents from medical device company AliveCor.
“As a result, the tech giant could face an import ban of its infringing Apple Watches, depending on how appeals work out.”
A blockade on Apple’s import of stolen goods – would be an amazingly great change of pace.
And brings us to my either/or solution to IP theft.
When a patent is contested….
The patent thief is blocked from trafficking in the goods they’ve stolen – until the pertinent court cases reach their conclusion.
The patent thief can continue to sell the goods he’s stolen. BUT: The patent thief pays for the patents he stole – until the pertinent court cases reach their conclusion. And if the thief is ultimately ruled to not be a thief – he gets his money back.
Perpetual-patent-thief Big Tech companies are MUCH better equipped to pay for patents and any attending litigation – than are the Little Guy Inventors from whom Big Tech is so often stealing patents.
And the patent cash the Little Guy Inventors receive – helps at least a little with the massive legal bills foisted upon them by perpetually litigious and larcenous Big Tech.
Thereby dampening at least a little perpetually thieving Big Tech’s thieving business model: Overwhelming under-capitalized Little Guy Inventors out of business.