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There's one big problem with this simplification: In many (perhaps most) industries, small players can innovate by creating new methods that have real value in that sector However these small players are likely too small to be able to bring a full product to market... e.g. they cannot take advantage of the consumer branding value.

Small entities can only hope to be bought by or licence their IP to larger entities to see the fruits of their innovation brought to actual consumers.

Small entities create innovation across the board and the judge is missing out on them here, imagining most relevant patents as being ascertained by large organizations.



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