US SUPREME COURT MAKES LANDMARK DECISION THAT REVERSES 200 YEARS OF JUDICIAL PRECEDENT & CAVES IN TO BIG TECH.
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Our FEATURE today is a BALL BUSTER! The US Supreme Court (SCOTUS) ruled this past week on Oil States vs Green's Energy Group that determined whether or not the Patent Trial & Appeal Board(PTAB) had the Constitutional right to cancel a patent that had previously been granted by the US Patent & Trade Office (USPTO). SCOTUS has ruled 7 to 2 that the PTAB has the Constitutional right to do so without a public trial.To date the PTAB has cancelled approximately 2000 patents over the past 6 years. Justice Clarence Thomas writing for the majority also ruled that a patent was a "public franchise" and could be cancelled at anytime by an action brought by anyone through the PTAB. Categorizing a patent as a "public franchise" is outrageous. The new USPTO Director Andrei Iancu has stated repeatedly that the PTAB must be reviewed, both the US Senate and the House have introduced similar bills titled "Stronger Patents Act" that limit the powers of the PTAB and a Federal Circuit Court has just reversed a case by the PTAB that cancelled a patent. The stage is set for a battle royale to determine who controls the patent system. The financial ramifications are ominous. Consider the pharmaceutical and biotech business that spends billions on R&D and requires 15 years patent protection to recoup its' costs. Ostensibly that has been lost. We have traced the evolution of Apple, Inc and Google's determination to control the IP market for the past 5 years. There's a showdown at OK corral coming and it will be nasty and quite revealing. We also have a complete report on Market Watch. "Disclaimer: This commentary is provided for informational and educational purposes only. The information, analysis and opinions expressed herein reflect our judgment as of this date and are subject to change at any time without notice. They are not intended to constitute legal, tax, securities or investment advice or a recommended course of action in any given situation. All investments carry a certain risk and there is no assurance that an investment will provide positive performance over any period of time. Information obtained from third party resources are believed to be reliable but not guaranteed. Past performance is not indicative of future results. H. L. Quist is an Investment Advisor Representative."
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