[T_S_]

We need an independent invention defense. If I can show I had no knowledge of your patent and came up with the idea on my own then it must have been obvious. If 2 other parties did also, then it must of been painfully obvious.

[5hoom]

That's a cool idea, but how would you prove you came up with an invention independently if the patented device/software is already out there?

[T_S_]

One idea: White room. Similar to copyright avoidance.