A small claims court must be designed as a forum for all lawsuits that are not suitable for a US district court or the ITC, says David Cornwell, who has some proposals of his own to present.
The idea of a small claims court for patent cases is not new. However, there is a renewed interest in having a system by which smaller patent cases can be resolved. In December 2012, the US Patent and Trademark Office (USPTO) published a request for comments as to whether the USPTO should develop a small claims court.
The request for comments also provides a list of topics that the USPTO would like addressed by the public. The very nature of the questions posed by the USPTO insinuates that there may be insurmountable hurdles to the creation of a patent small claims court. The purpose of this paper is to suggest solutions to some of the perceived difficulties in developing an appropriate venue for deciding smaller patent cases.
The remedies must be adequate
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