This is all my humble opinion of course.
The Lawyers don't
know!
That's what I get from your issue with my assertion that the
Plaintiff Patent Attorney should know the history of the Patent.
I love
it:
Us experts in the field of what's being patented are not qualified to
understand the Patent filing because the Patent is filed under the Art and Terms
of Law
...
But apparently it's gotten so obtuse and confusing that the
Patent Lawyers can't understand it either
That's some mess the Patent
Lawyers have created for themselves. And given they are they ones attempting to
keep it status quo (or worse, change to get even more patentable such as math)
they are the only ones that can hold the responsibility to clean it
up.
Of course.... that's the irony with human rules. Unless people are
held to the rules with sufficient disciplinary action available to deter people
from breaking the rules:
There will always be those who deliberately break
the rules because they see the rules as optional!
Using your own
logic:
we have an adversarial system [snip] Its the other guys job
to find those
That doesn't change the reality that a Fraud is being
committed.
It's one thing when you have two people with two different
honest perspectives presenting their particular perspective for someone else to
decide. This is the basics for a Civil dispute.
But when you have
someone deliberately mis-representing something - it should no longer be
considered a civil dispute - and the one committing the fraud should be held
accountable to that in ways beyond what the Courts commonly apply:
not
allowed to present evidence
adverse ruling where plaintiff's patent is
held invalid
When the "disciplinary measures" stop there... it's not a
disincentive - merely a "cost of doing business" because if they get sufficient
licensing to pay for that one moment where their patent is invalidated - they
break even.
And given the basic costs of defending against a patent
infringment claim - I'd be surprised if any Patent Troll has not succeeded in
generating a profit off those who are innocent of infringment but can not afford
a full Court Defense.
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