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Let’s Hear it For Dr. Myhrvold!

By Philip P. Mann on May 2, 2005
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Dr. Nathan P. Myhrvold’s recent testimony before the Senate Subcommittee on patent reform makes a strong case for the rights of small inventors and businesses in the patent arena. Coming from a now-wealthy man who could easily join the forces of big business, it’s refreshing that Dr. Myhrvold has not rewritten history or otherwise forgotten where he came from.

(Many thanks to J. Matthew Buchanan, publisher of the “Promote the Progress” I.P. blog, for making this and other records of the Subcommittee hearings available at his site.)

Dr. Myhrvvold’s testimony is insightful, informative and well worth reading. He makes several valid points to counter the proposed “reforms.”

As to the argument that small inventors play only a minor role in technical innovation, he points out that even the largest companies rarely hold more than 10% of the patents in a given field: “[I]f you add them up, universities, individuals and small businesses in aggregate have substantially more processor patents than Intel or IBM — indeed more than the two combined. Small inventors have more operating system patents than Microsoft, more networking patents than Cisco and more wireless patents than Qualcomm.”

Testifying further, he says, “Critics of the patent system sometimes talk derisively about the ‘myth of the small inventor’, ignoring their contribution. Well, I am here to tell you that small inventors are not only alive and well, but they actually contribute more inventions than the biggest corporations do.”

Dr, Myhrvold also makes a strong case why injunctive relief must remain an appropriate remedy for patent infringement. Pointing out that “irreparable harm” is not an appropriate element of permanent injunctive relief, Dr. Myhrvold testified that, “[T]he Committee Print says, in effect, that it is okay to take the property of the patent holder as long as it won’t irreparably harm them. This is tantamount to saying it’s okay for a squatter to camp on your lawn as long as the harm to you isn’t ‘irreparable’. This flies in the face of most concepts of property.”

As to the claim that there is an explosion of patent lawsuits, Dr. Myhrvold points out that, “The magnitude of the supposed problem is not borne out by the statistics.” Pointing out that just over 2% of the patent lawsuits filed over the past 5 years were filed by entities that do not produce products, Dr. Myhrvold testified that, “Those horror stories aren’t about an epidemic or situation that is out of control — it is actually a very minor phenomenon.”

Finally and tellingly, Dr. Myhrvold points out that large American companies — the ones that supposedly produce actual products — often don’t really produce products after all. They do R&D, they come up with brilliant designs, and then, increasingly, they send this intellectual property offshore for actual manufacture elsewhere. “As it stands, it is becoming ever rarer for an American company that ‘makes’ products to actually do the manufacturing. Instead they design products that are built by others, often outsourced overseas. What is the difference between that, and an inventor who licenses his patents?” Good question indeed.

I’m admittedly biased in this debate, but I think Dr. Myhrvold’s testimony is valid and accurately identifies the flaws in these so-called “reforms.” Coming as they do from someone who has “been there” and “done that,” I think the Senate Subcommittee would be wise to credit Dr. Myhrvold’s views and give them considerable weight.

Photo of Philip P. Mann Philip P. Mann

Philip P. Mann is a trial lawyer with over twenty years experience litigating patent, trademark, trade secret, and other intellectual property matters throughout the country.

Mann’s trial work has taken him to various federal and state courts where he’s tried both cases to…

Philip P. Mann is a trial lawyer with over twenty years experience litigating patent, trademark, trade secret, and other intellectual property matters throughout the country.

Mann’s trial work has taken him to various federal and state courts where he’s tried both cases to the court (a judge) as well as before juries. In addition to trial court work, Mann has performed appellate work before the United States Court of Appeals for the Federal Circuit.

Mann began his legal career in Chicago and Milwaukee before heading to Seattle where some of America’s most innovative companies were developing new technologies at breakneck speed. Before founding his own firm, he was a member of the Seattle Intellectual Property Law Firm, Christensen O’Connor Johnson Kindness.

Mann is an “AV” rated lawyer by Martindale Hubbell, indicative that he has reached the height of professional excellence and is recognized for the highest levels of skill and integrity.

He holds a degree in Electrical Engineering from the University of Illinois (Urbana) and received his law degree from the Washington University School of Law in St. Louis, Missouri. He is admitted to practice in the States of Illinois and Washington, as well as before the United States Patent and Trademark Office, and in various courts around the country.

Read more about Philip P. MannEmailPhilip P.'s Linkedin Profile
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  • Posted in:
    Intellectual Property
  • Blog:
    IP Litigation Blog
  • Organization:
    Mann Law Group
  • Article: View Original Source

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