|
|
|
| Authored by: rsteinmetz70112 on Tuesday, June 05 2012 @ 08:55 AM EDT |
Yes but where does someone get notice they are infringing?
Isn't that an important element of damages?
Surely a court would not issue an injunction on an expired patent.
---
Rsteinmetz - IANAL therefore my opinions are illegal.
"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk
[ Reply to This | Parent | # ]
|
| |
| Authored by: Anonymous on Tuesday, June 05 2012 @ 01:08 PM EDT |
But the real value of patent litigation is the future royalty. No judge is
going to grant an injunction for a patent that has expired. It it the threat of
injunction or an actual injunction which brings the big payoff (see RIM). The
rate of return for suing over an expired or soon to be expired has be be fairly
low (if not negative) once you consider legal costs.
The sad thing is (and you see this even worse with copyright) is that
Intellectual Property laws create a legalized extortion racket which to the
victim is imperceptibly different from organized crime. The money to be made
from the soon to be expired patents was from the shakedown. Oracle bringing
this suit might lead to an injunction against the shakedown (or at least slow it
down) until the matter is resolved.
That is pretty much the only way to stop the trolls -- somebody with deep
pockets needs to fight back. [ Reply to This | Parent | # ]
|
|
|
|
|
