Writing in TCS, Michael Rosen is a troll-symp on the injunction issue. His points are okay, especially when he points out the problems of any rule that would deny an injunction if a patent holder is not "practicing" the invention. But he does not give sufficient attention to the problems of patent quality and uncertainty that are roiling the system, interacting with the injunction issue.

The correct analogy may not be trolls and goats but cattle ranching and sheep herding. Each has its merits, but they sometimes have trouble divvying up the real estate, and good legal rules plus effective barbed wire are needed.

UPGRADE (10:33 a.m.): Rays notes: "You forget one other item in that post that is quite apropos — shepherds and cattle ranchers out here are also VERY HEAVILY ARMED to kill coyotes, wolves and, when necessary, each other."

Yes, that does seem to present another point of similarity: "Leading technology companies are forming a coalition in Washington to lobby for patent litigation reform."

posted by James DeLong @ 8:03 AM | Patents

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