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Inventor Challenges A Sweeping Revision In Patent Law

Publication Date: 
August 26, 2012
Source: 
The New York Times - Technology
Author: 
Steve Lohr

Professor Mark Lemley is quoted by Steve Lohr in this New York Times article on the constitutionality of the "America Invents Act."

In Silicon Valley, Apple just won big against Samsung in the patent lawsuit of the year, after trading claims and counterclaims of pilfered product ideas. Across the country, in a federal court in Florida, an inventor named Mark Stadnyk is waging a different kind of patent warfare — an ambitious and perhaps quixotic legal foray.

Mr. Stadnyk, who holds a patent on a motorcycle windshield, is suing the United States government, aiming to head off a patent law that he says will favor big companies and hurt lone inventors like himself.

...

Mark A. Lemley, a professor at Stanford Law School, said the constitutional challenge "is the legal equivalent of fringe science."

"There are people who didn’t like the outcome of the patent legislation, and they may be right in not liking the outcome," he said. "But that doesn't make it unconstitutional."