Linked by Jordan Spencer Cunningham on Tue 6th Oct 2009 21:43 UTC, submitted by Moulinneuf
Law and Order The patent wars rage on. Eolas, a company that before won US$585 million from Microsoft in 2003 in a suit that challenged the use of ActiveX and AJAX, is now after twenty-three separate companies allegedly because their precious patent was spoiled by all of them.
Permalink for comment 388141
To read all comments associated with this story, please click here.
RE: The problem...
by JLF65 on Wed 7th Oct 2009 18:47 UTC in reply to "The problem..."
JLF65
Member since:
2005-07-06

The problem is that even if they decided to be ethical/moral (per your question), patent law ties their hands - if they want to keep the patent then they have to fight to get everyone to license it from them; if they knew of someone infringing and did nothing about it, then they lose the ability to further enforce the patent.


Incorrect. You are thinking about Trademarks. Patents do not have to be enforced to remain enforceable. That's where the term "submarine patent" comes from - someone patents something, then waits and does nothing while companies implement products using the patented idea. When it becomes big enough, THEN they surface and sue everybody.

Some companies have even gone so far as to pretend that it's okay to use their patents, then turn around and sue over them once they become popular.

Reply Parent Bookmark Score: 3