[XML-DEV Mailing List Archive Home] [By Thread] [By Date] [Recent Entries] [Reply To This Message] RE: Judge rules in favor of Eolas
A question to ask is why was the system working ten years ago and why is it not working now? Scale and opportunity. The 'we can take the sets in the barn and put on a show' approach is biting us now. Sometimes those sets were stored by someone who is paying the storage fees and didn't rent them out. I also think prior art could apply, but the judges aren't convinced so far. A dilemma is that some of these patents are legit and are enforceable, and no one bothered to find out. len From: Jonathan Robie [mailto:jonathan.robie@d...] 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.
|
PURCHASE STYLUS STUDIO ONLINE TODAY!Purchasing Stylus Studio from our online shop is Easy, Secure and Value Priced! Download The World's Best XML IDE!Accelerate XML development with our award-winning XML IDE - Download a free trial today! Subscribe in XML format
|