Cable GC - patent reform is about loopholes, frivolous lawsuits, and American jobs

According to Grier C. Raclin, executive vice president and general counsel of Charter Communications Inc., patent reform legislation is necessary to guard against “existing loopholes” and to protect against “frivolous lawsuits.”

In this Op/Ed piece on STLtoday.com, Mr. Raclin invokes two powerful concepts - loopholes and frivolous lawsuits - that immediately resonate with folks having no legal background.

“Loopholes? Yes, those are always bad. Frivolous lawsuits? Outrage!”

Unfortunately, Mr. Raclin offers no details on the “loopholes” of which he speaks. Nor does he tell us what constitutes a “frivolous” patent lawsuit. I hate to make assumptions, but it seems fair to surmise that he would characterize continuation practice as a “loophole” and would equate frivolity with the much-maligned practice of owning patents and not making products.

Oh, and patent reform is about protecting American jobs, too:

“[The Patent Reform Act of 2007] would rectify the current imbalances in the patent system that are working against American innovation, job growth and consumer welfare…Patent reform is the key to cutting down on frivolous lawsuits and placing the focus back where it should be — on introducing ground-breaking innovations and promoting American jobs.”

Odd that he didn’t mention the letter of opposition to S.1145, the Patent Reform Act of 2007, that was recently signed by more than a dozen major labor unions.