Re: [Patents] [media] US exporting IP-laws to Australia

["Jim Bessen" <jbessen@researchoninnovation.org>]

>
> In addition, says Schuurman, the cost of fighting a patent litigation
> battle in the US has dropped considerably. "Claims are now actually
> decided by a judge and only about 3 per cent of cases go to trial," he
> says. "Therefore, costs have been limited dramatically. In most cases,
> costs are less than $US2 million."
>

1. "Claims are now actually decided by a judge" and then decided again on
appeal to the Federal Circuit. This procedure has been in place since 1996,
it is not all that new.

2.  "only about 3 per cent of cases go to trial" I don't think this is
different than in the past. Only 1-2% of patents go to litigation. But
although these PERCENTAGES are similar to those in the past, the ABSOLUTE
NUMBER of patents has more than doubled, so the number of suits and trials
has also more than doubled.

3. "Therefore, costs have been limited dramatically. In most cases,
> costs are less than $US2 million." There is no evidence that costs have
been "limited dramatically" whatever that means. Average costs have
continued to rise.