I don't think patents are inherently evil; and I also believe that "obvious" patents will get less common with time (relatively speaking we're still in the early days of patent law for many areas). That being said, I think the big issue we're seeing these days is that some patent categories simply last too long. Technology moves a mile a minute, a patent system with a duration of 20 years is absurd, something that wa…
The US Supreme Court is hearing a case about patent law’s “exhaustion doctrine”
141–145 of 145 posts
Re: The US Supreme Court is hearing a case about patent law’s “exhaustion doctrine”
#142Earlier quoted context omitted.
That doesn't mean that HP wouldn't sue you for violating any number of possibly-applicable patents that are currently valid.
If you make an exact copy of that first inkjet they cannot sue you.
Re: The US Supreme Court is hearing a case about patent law’s “exhaustion doctrine”
#143Earlier quoted context omitted.
So every time I buy a swifter or razor or dryer I have to do thorough research on things like power consumption, cost of replacement parts etc. No! I have a life, I have other things to do. I buy from large brand names like Lexar because I expect them to be honest and engage in fair dealing and because researching every aspect of products I buy would be a full time job in itself.
I get where you're coming from, but this concept you take issue with goes by another name: "due diligence" I'd even argue that selling a cheap ~$50 printer and then expecting to make it back on consumables is a legitimate business model. If you're the kind of person who prints once in a blue moon, it makes more sense than buying a ~$200 laser printer. Printers are generally expensive and generally last a few years. T…
Re: The US Supreme Court is hearing a case about patent law’s “exhaustion doctrine”
#144Earlier quoted context omitted.
That doesn't mean that HP wouldn't sue you for violating any number of possibly-applicable patents that are currently valid.
If you make an exact copy of that first inkjet they cannot sue you.
They'd very likely try (hard), even if they eventually end up losing. Then try again a different way using a different approach, then again (etc). "Drown the opposition" in legal fees seems to be a commonly used tactic by larger (bullying) companies.
Re: The US Supreme Court is hearing a case about patent law’s “exhaustion doctrine”
#145Earlier quoted context omitted.
There were multiple paths we pursued in consultation with our lawyers. If you want me to take your advice over Fish & Richardson, okay.
They're a law firm that specializes in _patents_. When all you have is a hammer.... Also, presumably you failed to register your software with the copyright office before the infringement began. In such a case you're less likely to get a fat damages award. Which is actually a good reason to pursue a patent claim, but if we're being cynical it's also a good reason for a firm to _prefer_ a patent claim. The fact of the…
What the fuck. Oh, you got that when you googled them, and you think the fucking top-tier national IP law firm had no other ideas at all because the patent hadn't issued yet.
> NOTE: IANAL
No shit.
HN is such a fucking clown show.