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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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What a crock - These are not mutually exlcusive. | 158 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
What a crock - These are not mutually exlcusive.
Authored by: nuthead on Friday, July 13 2012 @ 10:19 AM EDT
Or you could ban patents. That'd sort the whole mess out and
stop patent trolls too. Works for me.

[ Reply to This | Parent | # ]

What a crock - These are not mutually exlcusive.
Authored by: jmc on Friday, July 13 2012 @ 10:49 AM EDT
What I would like to see is people who previously settled with a (what I would
call) troll being allowed to reclaim the settlement amount/fees plus interest if
the patent subsequently is proved invalid.

[ Reply to This | Parent | # ]

What a crock - These are not mutually exlcusive.
Authored by: DannyB on Friday, July 13 2012 @ 02:30 PM EDT
Okay, I could go for that if it worked like this.

Patent Troll Jr. (aka "small inventor") comes to you from under the
bridge and demands you pay for his "invention".

You start to laugh in his face at the obviousness of his "invention"
-- but then you stop yourself. "Okay, I'll pay your extortion fee under
the following conditions . . .".

I'll call upon the USPTO to re-examine your outrageously obvious trivial
"invention". If your patent is invalidated, then you pay back:
1. The extortion money + 50% for engaging in extortion
2. All costs, fees, lawyers, time expended dealing with this pitiful trivial
annoyance.

Any takers?


---
The price of freedom is eternal litigation.

[ Reply to This | Parent | # ]

What a crock - These are not mutually exlcusive.
Authored by: cybervegan on Friday, July 13 2012 @ 02:35 PM EDT
That may be how it's *supposed* to work, but not how it *actually* works. What
is actually happening is that small inventors are being priced out of the market
by preditary NPE's that have never made so much as a prototype - they just buy
up patents trotted out by would-be sci-fi writers who have jotted down vague
outlines based on what they guess someone else - who might spend real effort -
might produce in years to come. They don't "teach" anyone how to make
anything, they just set a legal trap and wait for some unsuspecting passer-by to
spring it!

---
Software source code is a bit like underwear - you only want to show it off in
public if it's clean and tidy. Refusal could be due to embarrassment or shame...

[ Reply to This | Parent | # ]

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