On the recordJuly 30, 2014
The distinguished Senator from Utah is one of the most distinguished and ablest lawyers ever to serve in this Senate, and his comments about the patent trolls and patent litigation are entitled to great weight. I thoroughly agree with him that the use of these shell corporations is something we could and should act quickly to get rid of. I think the protection of an end user, such as a coffee shop or a florist or somebody who is not a competitor with a manufacturer or the patent holder, is something we could and should address. I think policing these often extortionate demand letters is something we could and should address. I look forward to working with the distinguished Senator in those areas. I think when it comes to fee-shifting, that is a very significant step. The principle in the American system of justice that a party pays his or her own lawyer is so deeply engrained in our system of justice that it is actually known as the American rule. To depart from that is something that I think we should do only with a very--let's put it this way. It is a very grave step and I am not sure it is justified in this case. But certainly we could move on the bill that got rid of shell corporations, that protected end users, and that went after these demand letters, and get into conference and, with any luck, something could be done there. But I very much appreciate Senator Hatch's long and sincere interest in this issue.
