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No Legal Advice

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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Why would anyone take a license? | 98 comments | Create New Account

Comments belong to whoever posts them. Please notify us of inappropriate comments.

Why would anyone take a license?

Authored by: rsteinmetz70112 on Friday, October 12 2012 @ 01:33 PM EDT

For most software patents it is difficult to prove willfulness.

Standards Essential Patents may be in a different category, since presumably if
you implement the standard, you practice the patent.

However there are other defenses including invalidity, which seems especially
effective with software patents.

Below is an Article that if I read it correctly says that Willfulness is on
found in less that 3% of the patent cases brought but is found in a little more
that a third of the the cases where infringement is found and is declining over
time. It also found that juries were more likely to find willfulness that judges
by a wide margin.

http://www.uiowa.edu/~ilr/issues/ILR_97-2_Seaman.pdf

---
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 | # ]

not necessarily - Authored by: Anonymous on Saturday, October 13 2012 @ 07:57 AM EDT

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