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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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"So, for Lodsys, there's no place to run" | 300 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
"So, for Lodsys, there's no place to run"
Authored by: Anonymous on Tuesday, June 05 2012 @ 05:53 AM EDT
What would be amusing if if Ellison was found under some of those layers ;)

[ Reply to This | Parent | # ]

On what grounds?
Authored by: Anonymous on Tuesday, June 05 2012 @ 09:24 AM EDT
I don't see many legal theories that would allow you to go after "the
people
behind Loadsys" even if such folks/companies could be identified.

Having software patents is not illegal (sadly). Licensing patents you own
isn't illegal. Offering to license a patent for extortionate rates isn't
illegal
(patents are a monopoly right-you're not required to share st all, and if you
do share you're entitled to name your terms). Trying to enforce your patents
in court isn't illegal.

It IS illegal to "misuse" patents, either trying by improperly
attempting to tie
your monopoly right from a patent to improperly monopolize unrelated
industries, or by attempting to improperly and knowingly extend a patent
scope beyond what the USPTO granted you. But even in those cases, in
general your best available remedy is the invalidation of the underlying
patent.

There's nothing that will "stop" the Loadsys's of the world absent a
major
reform of the US patent system to either ban software patents or ban non-
practicing entities from holding patents or both.

[ Reply to This | Parent | # ]

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