Letter: Patent System Isn’t Broken

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Re "Innovation Nation at War," by Joe Nocera (column, Feb. 9):

Judge Richard A. Posner is a brilliant jurist, but I respectfully disagree with his view of our patent system. It is far from broken. It has been the key to multiple revolutions in technological advancement throughout history. And its vital function continues today.

Litigation costs are indeed in need of reform, but that is the case across the board in our litigious society. But patent litigation is declining as a percentage of issued patents. The so-called smartphone wars are a myth propagated by those with an economic interest in tipping the scale toward those who build on inventions versus those who invent.

Innovations in communications have dramatically changed our lives. Our patent system has played a critical role in attracting investment and protecting the fruits of these efforts. Let's not overreact to a momentary uptick in commercial disputes as competitors seek to outmaneuver one another. If we do, we risk irreparable harm to our knowledge-based economy.

DONALD J. ROSENBERG
Executive Vice President
and General Counsel, Qualcomm
San Diego, Feb. 11, 2013

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