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Re: Judge rules in favor of Eolas

judge william kearney
At 10:24 AM 1/16/2004, Bill Kearney wrote:
>A half-billion?  That's utterly ridiculous.  Fortunately MS can afford to drag
>them to the poor house on appeals.


Regardless of the amount, I think there is prior art for this patent. But 
we are all losers when it is so difficult and expensive to determine who 
owns intellectual property. If your patent is spurious, you still have a 
chance in court, where decisions will be made by people who may not 
understand the IP issues. If you have a valid patent, that doesn't mean 
that you can ever enforce it against a company with better lawyers than you 
have, and you may not have enough money to even try. I have friends who 
have decided not to file patents for just this reason, and one who decided 
not to start a business for just this reason.

If we want to encourage innovation in this company, we need a patent system 
that works for both large, established companies and small startups.



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