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| Authored by: webster on Thursday, March 28 2013 @ 12:04 PM EDT |
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The Plaintiff must defend by saying his patent was granted by the USPTO, so it
is presumed valid supplying him with a good faith basis. He was hoping to
settle anyway. The Defendant must go after the USPTO then. This is impossible.
They have some kind of immunity. How can a patent lawsuit be frivolous if it
is backed by a duly issued patent from the USPTO?
This could become an expensive, regular, risky step in avery trial. If the
Defendant can still argue the same at trial if he loses, it should be tried on
every questionable patent. The number of invalid patents, and the reputation of
the USPTO in issuing them, would become a backdrop of every case.
The actual inventor may say he did it as a joke but the employer and troll
applied for the patent. He was stunned to find that it was granted. Who knew
you could patent computer math instructions? You could set a calculator to do
the same.
Let us hope Uniloc appeals to the Federal Circuit. It will be marvellous to see
them en banc trying not to speak.
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- semi-OT... not just me - Authored by: mcinsand on Thursday, March 28 2013 @ 12:05 PM EDT
- Me, too - Authored by: Anonymous on Thursday, March 28 2013 @ 12:19 PM EDT
- Me, too - Authored by: PJ on Thursday, March 28 2013 @ 01:45 PM EDT
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| Authored by: Anonymous on Thursday, March 28 2013 @ 12:16 PM EDT |
Patents are presumed to be valid, so it's not legally frivolous to enforce them.
It's the Patent Office that is frivolous, for being obviously incompetent and
unfit to do its job.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Friday, March 29 2013 @ 06:16 PM EDT |
| Any chance that this lawsuit can be held as frivolous?
If so, would it
gain Red Hat anything?
I wouldn't think so. Uniloc started the court
case with a valid patent in their
hand. Having that patent invalidated is
unfortunate (for them, not for the rest of
the world), but I wouldn't say that
makes the lawsuit frivolous. Starting a lawsuit
against someone else for
infringing their now invalidated patent, that would
seem to be frivolous.
[ Reply to This | Parent | # ]
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