New US Congressional Bill Introduced Called the SHIELD Act Aims to Stop Patent Trolls

Discussion in 'Android News' started by dgstorm, Aug 3, 2012.

  1. dgstorm

    dgstorm Editor in Chief
    Staff Member Premium Member

    Joined:
    Dec 30, 2010
    Messages:
    11,018
    Likes Received:
    3,979
    Trophy Points:
    823
    Location:
    Austin, TX
    Ratings:
    +4,254
    [​IMG]

    In a rare bipartisan move, a new bill was introduced in the U.S. House of Representatives this week called the Saving High-Tech Innovators from Egregious Legal Disputes (SHIELD) Act. And no, this is not some clandestine government agency that will one day give birth to the Avengers. The SHIELD act aims to stop patent trolls by making them pay all the legal bills for whomever they sue in court, if the lawsuit is unsuccessful. The bill was introduced by Rep. Peter DeFazio (D-OR) and co-sponsored by Rep. Jason Chaffetz (R-UT), and what is also unique about it is that for the first time Congress has defined the term "software patent."

    This is especially good news because the courts currently use language related to software that has not been updated since 1952. It is important to note that there is also specific language written into the bill to help protect from the possibility that the definition of "software patent" does not become abusable, and in fact this language helps make sure that a patent holder is not guaranteed that their patent is legal, just because it is labeled as a software patent.

    Here are a couple of quotes from the Congressmen who introduced this bill:

    This is a great step forward in fixing the broken patent system, although there is still work to be done (that and we don't know if the bill will pass). The heart of the problem lies at the USPTO itself. For now, we will just need to be satisfied with the first baby step.

    Source: ArsTechnica
     
    • Like Like x 6
  2. ExodusC

    ExodusC Member

    Joined:
    Dec 31, 2010
    Messages:
    225
    Likes Received:
    5
    Trophy Points:
    18
    Ratings:
    +5
    This seems like a reasonable solution to this issue.

    Patent trolls like Rambus who don't even manufacture or design new products will be more hesitant to sue companies who are actually in the business.

    I'm not sure exactly how much it would put a stop to the Apple vs. Android lawsuits, simply because these are very high-stakes, and it's clear Apple genuinely believes they are entitled to exclusive use of the (admittedly vague) patents they are suing over.

    Still, this is a good first step, as something has to be done about patent trolls.
     
  3. gmorgan056

    gmorgan056 Member

    Joined:
    Jun 23, 2010
    Messages:
    449
    Likes Received:
    1
    Trophy Points:
    18
    Location:
    Seattle, WA
    Ratings:
    +1
    Wow that's a big step forward!

    "Patent Troll">insert "Apple" there lol
     
  4. jwilly216

    jwilly216 Member

    Joined:
    Jun 22, 2012
    Messages:
    416
    Likes Received:
    3
    Trophy Points:
    18
    Ratings:
    +3
    The government actually made a good decision....
     
  5. acousticshade

    acousticshade Active Member

    Joined:
    May 15, 2010
    Messages:
    397
    Likes Received:
    36
    Trophy Points:
    28
    Location:
    Michigan
    Ratings:
    +36
    A big thumbs up to Peter DeFazio and Jason Chaffetz for co-sponsoring this bill. Hopefully it will pass.

    Hopefully next they will start to weed out overly vague patents like the Apple 889 patent which is sham and one of the patents behind the basis for the Apple/Samsung lawsuit.

    [​IMG]
     
  6. armeddroid

    armeddroid Senior Member

    Joined:
    Jan 11, 2010
    Messages:
    1,641
    Likes Received:
    30
    Trophy Points:
    78
    Location:
    Traffic Capital
    Ratings:
    +30
    Apple is just gonna buy S.H.I.E.L.D. and then sue Marvel.

    LOL
     
    • Like Like x 6
  7. dgstorm

    dgstorm Editor in Chief
    Staff Member Premium Member

    Joined:
    Dec 30, 2010
    Messages:
    11,018
    Likes Received:
    3,979
    Trophy Points:
    823
    Location:
    Austin, TX
    Ratings:
    +4,254
    ^^... Lmao
     
  8. Kenyon1

    Kenyon1 Member

    Joined:
    Dec 27, 2011
    Messages:
    50
    Likes Received:
    4
    Trophy Points:
    8
    Ratings:
    +4
    They have to do something with their money!
     
  9. lloydstrans

    lloydstrans Platinum Member

    Joined:
    Nov 16, 2011
    Messages:
    10,272
    Likes Received:
    381
    Trophy Points:
    498
    Ratings:
    +401
    Apple will be the first to sue to determine the constitutionality of it.
     
  10. NeoPhoenixTE

    NeoPhoenixTE Member

    Joined:
    Dec 20, 2010
    Messages:
    256
    Likes Received:
    24
    Trophy Points:
    18
    Location:
    Fort Collins, CO
    Ratings:
    +24
    Shield. This means that we may be Avenged yet...

    (someone had to make the tasteful pun)
     
    • Like Like x 2
  11. bazar6

    bazar6 Premium Member
    Theme Developer Premium Member

    Joined:
    Dec 15, 2009
    Messages:
    681
    Likes Received:
    14
    Trophy Points:
    18
    Location:
    MD
    Ratings:
    +14
    This is definitely a step in the right direction... I'm sure it won't have any short-term effects though. First, it has to be passed. Then it has to be "enacted by X date", which is usually what, 6 months for some bills? Even if it's 1 day, it most probably won't effect in-progress patent suits. But the long term effect is much greater and I really hope this passes (or a similar version). The fact this bill is being presented, whether or not it passes, could help shed more light to the masses on how screwed up the USPTO is
     
  12. xsylus

    xsylus Active Member

    Joined:
    Dec 11, 2009
    Messages:
    904
    Likes Received:
    51
    Trophy Points:
    43
    Location:
    Tucson, AZ, USA, Earth
    Ratings:
    +56
    Current Phone Model:
    Sony Xperia Z3
    My guess is that if this or some similar bill passes it'll only hurt the little guy trying to get a patent while the big companies like apple will have the money and their own personal legal team to circumvent and find loop holes in the patent bill.
     
    • Like Like x 1