Linked by Thom Holwerda on Mon 11th Jul 2011 21:34 UTC, submitted by sb56637
Legal Blah blah Apple whines about a bunch of software patents again. Go cry in a corner, Jobs. Either find a strategy that counters the rise of Android, or just suck it up and be a man about it. Oh, HTC is the target this time around. Again. Whatever.
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RE[2]: ..good !!
by elsewhere on Wed 13th Jul 2011 02:12 UTC in reply to "RE: ..good !!"
elsewhere
Member since:
2005-07-13

Which makes me wonder whether there should be a limit of 3 months - you have 3 months to file a claim against a company and their products whom you think have violated their patents, failure to do so means that you're not allowed to sue that company. Then add onto of that products must ship within 6 months of the patent being filed and the failure to do so will mean said technology goes into public domain (people who generate patents that don't result in products in the marketplace will cease milking the system).


There is the concept of laches, which is sometimes used as a defense against submarine patents, that is similar to what you're suggesting. That is, if a patent holder sits on a patent knowing that it is being infringed and waiting for an optimum time to strike and maximize their return, they could very well lose their right to receive relief for that infringement.

It's not as straight-forward and clear cut as trademark law (protect it or lose it), and the time frames are in years and not months, but at least the conceptual framework is there and has been applied by the courts in the past.

But I don't think that will change anything either.

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