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A casualty in the patent warsA casualty in the patent warsPosted Jul 12, 2012 0:43 UTC (Thu) by JoeBuck (subscriber, #2330)Parent article: A casualty in the patent wars As I understand it, there is a much lower standard Apple has to meet to get an import injunction; the judge is supposed to assume the patent, however bogus, is proper and is just asked whether there is infringement. I suspect that this is why Apple is "manufacturing" (OK, assembling) their new tablet in the USA, so that Apple can't get an import injunction and would have to win at trial to get it shut down. But IANAL so anyone who knows these matters better, feel free to correct me.
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A casualty in the patent wars Posted Jul 12, 2012 7:22 UTC (Thu) by josh (subscriber, #17465) [Link]
It makes no sense to me that patents would meet the threshold for a preliminary injunction at all. An injunction can only occur in very specific circumstances: "A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest." (https://en.wikipedia.org/wiki/Preliminary_injunction) In the case of a patent suit, the harm seems by definition reparable: a losing defendant can write a large check to cover damages. And "in the public interest" seems laughable.
A casualty in the patent wars Posted Jul 12, 2012 11:18 UTC (Thu) by NAR (subscriber, #1313) [Link]
I'm not sure that there's a sufficiently large check that could repair lost market share...
A casualty in the patent wars Posted Jul 27, 2012 12:50 UTC (Fri) by shentino (subscriber, #76459) [Link]
This just creates a catch 22
The courts defer to the USPTO's judgement on validity, while the USPTO just rubber stamps everything and lets the courts sort it out.
With both of them passing the buck to each other, neither of them are weeding anything out and the lawyers win by default.
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