nsomos
Veteran Member
Posts: 140
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Authored by nsomos on Jul 11, 2014 22:02:33 GMT
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Cm
Guest
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Authored by Cm on Jul 12, 2014 8:12:16 GMT
But if a Troll is in the network, what stops them suing other members (especially for patents bought inside the pool)?
Also from the comments:
``To say that a patent isn't enabled because you can't figure out how to make it work, from a legal standpoint is pretty close to saying I would have to invent something to make it work. This sets up an interesting dance - because if you can't make it work, then you're going to have a hard time convincing someone that the patent is obvious - which is often the stronger argument.''
If you can't make it work from the patent [alone] and you are ``skilled in the technological area to which the invention pertains, or with which it is most nearly connected'' then clearly the patent specification does not ``must include a written description of the invention and of the manner and process of making and using it, and is required to be in such full, clear, concise, and exact terms'' and so must be invalid. Surely it would then be up to the plaintiff to prove that you are not one such skilled to prove the patent valid?
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Cm
Guest
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Authored by Cm on Jul 12, 2014 8:23:06 GMT
One thing (won't happen) would be to make the current and previous patent holders liable for any and all redress arising from any invalidly issued patent - the liability going back up the chain of holders (owners) until full redress is paid - ie if one of the [previous] patent holders can't provide enough to fund the outstanding redress (any companies would be forced into bankruptcy if still in existence), the debt gets passed to the previous holder, eventually ending up at the USPTO if necessary to finish off the final outstanding debt. That way any shell company which would [deliberately] not have the funds to cover redress would be blasted apart and the patent's real owner would face the cost.
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nsomos
Veteran Member
Posts: 140
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Authored by nsomos on Jul 15, 2014 18:52:03 GMT
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