Letter to Senator Enzi

Senator Michael B. Enzi
Office of Senator Michael B. Enzi
379A Senate Russell Office Building
Washington, DC 20510
Dear Senator Enzi:Thank you for considering me to help with the upcoming inventors workshop March 17 and 18, 2005, in Riverton, Wyoming. I will handle my own expenses. Roundtable local area inventors could include Bill Oviatt (307) 332-5200; Michael Goldberg (307) 322-4040; Jeff Giacomino, PCS, (303) 857-4222; and Jerry Gohl (308) 278-3131.My homepage contains a speech I created for the U.S. Department of Energy in a program called The National Innovation Workshop Series. This marketing oriented outline might be useful as an introductory or opening remarks subject for your seminar. I could include some warnings on scam companies as well.


My passion (after a twenty year career as a patent lawyer serving over 1500 entrepreneurs) is to move the U.S. Senate toward a course to protect home grown American ideas. The following represents my preferred course outline.

The U.S. Small Business Administration estimates that 22.9 million small businesses in the USA create 75 percent of the new jobs and employ over 50 percent of the private workforce. My law firm represents over 1000 small businesses in Colorado and Wyoming. We probably help protect over 500 jobs in Colorado and Wyoming from theft of ideas by big corporations such as Wal-Mart (whom we sued and received an $850,000 damages award).

I can speak as an expert in the court manipulated patent law for the past 20 years. Since Ronald Reagan created a single court of appeals for patent cases in 1982, the patent system protection for entrepreneurs has slid constantly downhill at the hands of corporate lawyers in a courtroom.

Only corporate America lobbies the U.S. Senate, as well as the courts, to slant the U.S. patent system totally in favor of multi-national large corporations. Raise the ante in a poker game to $50,000 a patent and only large corporations can play the game. The easiest way to visualize the theft of entrepreneurial rights in favor of corporations is to look at the status of the largest patent appeals case in U.S. history coming up this year, Phillips v. AWH, see www.faegre.com/custom/page_2185.aspx. The main issue is whether a court can use a dictionary to interpret what I write as a patent claim. About 35 amicus briefs have been filed on behalf of a group of patent rich companies, including Microsoft, Intel, IBM, and Google. Not a single brief has been filed by an entrepreneur or a small firm like mine that primarily represents entrepreneurs against the super rich corporations!

IBM and group want to put blinders on the court to limit the definitions of key words to primarily the drawings the inventor provided. Thus, a rotating searchlight must rotate 360? or more to infringe, so argue the super rich. Therefore, IBM and group can copy a new searchlight, stop the rotation at 359? and put the creative entrepreneur out of business. Furthermore, after stealing an American’s idea by diminishing the power of U.S. patents, the super rich will outsource the production to the Pacific Rim.

IBM taught me as a street salesman in 1969 to bring solutions, not problems, to your boss. So I offer you my help to accomplish these goals to help restore some of Colorado’s and Wyoming’s lost jobs:

  • Stop theft of Patent Office funds;
  • Keep doctrine of equivalents protected by a Congressional statute (overturn the Festo doctrine)
  • Mandatory triple damages and attorney fees against large companies who steal small business ideas;
  • Personal liability of officers and directors of all firms for all acts of idea theft (patent, trademark, copyright, trade secret);
  • Mandatory product labeling showing any child labor used in a U.S. product, under penalty of felony for false advertising;
  • First to file patent law to avoid large firms filing copycat patents to steal an idea from a small business (a common practice by corporate America);
  • Federally supported patent lawyer insurance policy to enable small businesses to protect themselves from the Enron’s in the idea theft business;
  • Simplified six month to trial patent courts established in regional areas;
  • Cabinet level advisor to the U.S. President whose public purpose is to strengthen the American entrepreneur’s rights pursuant to the U.S. Constitution.

In my view, at age 60 (presently raising an eleven year old, and eight year old, and a three month old child), a healthy nation is a fully employed nation, wherein self-fulfilled employees can raise well-balanced families giving hope to future generations.

Please contact me if I can be of service.

Rick Martin

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