| |||||||||||||
|
| |||||||||||||
Invalidating a patentInvalidating a patentPosted Jun 24, 2008 23:33 UTC (Tue) by iabervon (subscriber, #722)In reply to: Invalidating a patent by smoogen Parent article: A belated look at the Red Hat/Firestar patent settlement
Unless you can file some hefty counterclaims (and the other party has the money to pay damages). I think the easiest way to improve the patent system would be to award automatic triple damages for money spent licensing badly invalid patents. That makes the best plan if you're hassled by someone with a weak patent to license it for half their net worth and turn around and sue them into bankruptcy. (Where "badly invalid" includes widely-published prior art that the patent doesn't cite.)
(Log in to post comments)
Invalidating a patent Posted Jun 27, 2008 21:13 UTC (Fri) by branden (guest, #7029) [Link] Given the direction the Supreme Court is going with civil damage awards, I wouldn't bet that your proposal, if implemented, would survive federal appellate review. Exxon Shipping Co. v. Baker, decided this week, is just the latest in a series of decisions that have been taking the teeth out of anything resembling punitive damages against corporate actors in civil suits.
|
|
||||||||||||