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Invalidating a patent

Invalidating a patent

Posted Jun 24, 2008 22:05 UTC (Tue) by stijn (subscriber, #570)
In reply to: Invalidating a patent by smoogen
Parent article: A belated look at the Red Hat/Firestar patent settlement

From my understanding of things.. it is at least 10x as expensive to invalidate a patent as it is to weaken it via an open license agreement.
Unless this makes other parties think that you are a good target for patent gaming, and you end up making 10 similar deals, and for some of these you are forced to accept worse conditions and or price. I cannot judge the likelihood of that, but it is part of the equation.


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Credible threat

Posted Jun 24, 2008 23:28 UTC (Tue) by dmarti (subscriber, #11625) [Link]

You have to be able to make a credible threat that you can get the patent thrown out, so you might have to fight some when the troll doesn't blink. RHT already had a defense (prior art, anticipation, obviousness, all the usual stuff where a software patent is concerned) prepared in this case.

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