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by stanleydrew
5435 days ago
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A powerful weapon against frivolous patent claims whether they are brought up by patent trolls or litigious competitors is simply trying to invalidate such patents, or proving that you in fact does not violate patents in dispute. Let me say that I completely agree. However, this assumes that pursuing such a defense is less costly than cross-licensing or other settlement options. Moreover it misses the fact that owning patents almost certainly deters competitors from suing in the first place. That's what mutually assured destruction is all about. |
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I think there is definitely something very wrong about the current system including the legal procedure. First we should try to eliminate (or at least reduce if you are pessimistic like I am) nonsensical patents from being granted for starters. Then I strongly support reducing the period of exclusive rights especially in fast evolving field like software and telecommunication etc. And then again there should be a simplified and less expensive (both monetary wise and time wise) legal channel to at least preliminarily determine the validity of patent dispute, I can go on.