Linked by Thom Holwerda on Wed 7th Sep 2011 23:33 UTC
Legal Ah, so that's what Google's masterplan is regarding the defense of Android against the patent trolls. HTC has just launched a few more defensive patent lawsuits against Apple, and while that's by far no longer newsworthy, it is this one time. You see, HTC is suing Apple over 9 patents that have only very recently been transferred (namely, a week ago) from Google to HTC. The patents come from Palm, Motorola, and others. This means Google is giving away its patents to Android device makers. Nice of them.
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RE[5]: Comment by testman
by molnarcs on Fri 9th Sep 2011 15:20 UTC in reply to "RE[4]: Comment by testman"
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HTC was sued by Apple so when they counter-sue, they are using those patents defensively. HTC did not initiate (offensive use of patents) lawsuits against Apple, it sued Apple in response (defensive use of patents) to being sued by Apple.

Now you're just arguing semantics.

While they might be defending themselves, a counter-sue is still going on the offensive. Which was the point the original poster was making; if HTC own the patents then they're not sitting around avoiding getting attacked, they're counter-attacking.

Using patents defensively and offensively are well established terms. Using patents defensively has only one possible interpretation: suing back. Original poster claimed HTC is using these patents offensively, which is plain nonsense. Offensive use would be suing others without getting sued or threatened first. I stand by what I wrote - saying that counter-suing is offensive patent use is bullshit. It's by definition defensive, unless you can propose another way to use patents defensively. Perhaps printing them, rolling them up tightly, then hitting the lawyers on their head until they withdraw their patent lawsuits could be considered another case of "defensive patent use" but I doubt it would work.

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