from the for-those-with-not-so-deep-pockets dept.
Startup companies are often accused of patent infringement via a demand letter or notification of a lawsuit from attorneys representing a patent holder; the letters typically offer to settle by having the startup pay to license the patent. For companies based in the USA, an IP attorney who has successfully defended companies in court against infringement lawsuits offers advice on how to fight back rather than give in.
First, the patent could be invalidated by a court if it is only an abstract idea for a type of product or service rather than a legitimate invention; a recent court case which the author litigated helped established that merely adding the proviso or description that the invention is implemented on a digital computer, and/or is delivered over the Internet, does not suffice to make it patentable.
Second, the 2011 America Invents Act established a review process within the US Patent Office called inter partes review (IPR), where a granted patent can be challenged on the basis of (lack of) novelty and non-obviousness.
While the 2 idea suggested above are well known to most of our community, are there is more in TFA to help the uninitiated strip away the jargon and to view the invention in more understandable terms which, in turn, could be all it takes to get the patent invalidated.
The USPTO offers some tips of its own for those involved in patent litigation or negotiation.
(Score: 4, Informative) by Anonymous Coward on Friday September 12 2014, @05:48PM
"an IP attorney who has successfully defended companies in court against infringement lawsuits offers advice on how to fight back rather than give in."
I'm sure he would.
Most companies just pay up.
In many settlements, after spending the money to fight it, the company with the patent will do anything to keep anything
unsealed to establish any case law, so it does no one else any good who tries to fight it.
There was a legendary graphics patent from a company in the 80's called Cadtrak that played this game for years.
(Score: 1, Interesting) by Anonymous Coward on Friday September 12 2014, @11:39PM
Maybe the next iteration of patent reform should include a clause that the terms of all patent license agreements be made public.
No, I haven't thought this through, but that could be starting point of a plank in the bill.
(Score: 1, Offtopic) by buswolley on Friday September 12 2014, @06:00PM
Better Call Saul?
subicular junctures