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.
Thread beginning with comment 488802
To view parent comment, click here.
To read all comments associated with this story, please click here.
RE[2]: Comment by testman
by kristoph on Thu 8th Sep 2011 02:22 UTC in reply to "RE: Comment by testman"
kristoph
Member since:
2006-01-01

No it can't because a patent pool cannot be used offensively, it's purely a defensive vehicle.

There is a reason Google 'sold' these patents to HTC. HTC needed patents they could use offensively and so they had to be the patent owner to have the right to use them in that way.

Apple is not going to take this lying down I bet. Tim Cook has something to prove. I say they should take it to Google and let the two of them go at it directly.

Reply Parent Score: 2

RE[3]: Comment by testman
by lemur2 on Thu 8th Sep 2011 02:56 in reply to "RE[2]: Comment by testman"
lemur2 Member since:
2007-02-17

No it can't because a patent pool cannot be used offensively, it's purely a defensive vehicle. There is a reason Google 'sold' these patents to HTC. HTC needed patents they could use offensively and so they had to be the patent owner to have the right to use them in that way.


It is true that only the patent owner can sue another party.

In order for this to work for a patent pool, all that would be needed is for the pool (established as a separate legal entity) to own the patents. Then the pool could sue any patent agressors against Android OEMs on behalf of said OEMs.

Apple is not going to take this lying down I bet. Tim Cook has something to prove. I say they should take it to Google and let the two of them go at it directly.


Alternatively, Apple could join the patent pool that Google raised to protect Android, and it could then become a "smartphone" patent pool instead of an "Android" patent pool.

All the members of the smartphone patent pool would cross-license other members, and thereby promise not to sue other members. After a while, anyone who wanted to make a smartphone would simply join the pool.

Patent problem solved for everybody, all patent lawsuits over smartphones are settled. Everbody wins, even the public, except perhaps patent lawyers.

Edited 2011-09-08 03:03 UTC

Reply Parent Score: 6

RE[4]: Comment by testman
by FunkyELF on Thu 8th Sep 2011 18:22 in reply to "RE[3]: Comment by testman"
FunkyELF Member since:
2006-07-26

It is true that only the patent owner can sue another party.

In order for this to work for a patent pool, all that would be needed is for the pool (established as a separate legal entity) to own the patents. Then the pool could sue any patent agressors against Android OEMs on behalf of said OEMs.


You just described a patent troll ;-)

Reply Parent Score: 3

RE[3]: Comment by testman
by lemur2 on Thu 8th Sep 2011 03:29 in reply to "RE[2]: Comment by testman"
lemur2 Member since:
2007-02-17

No it can't because a patent pool cannot be used offensively, it's purely a defensive vehicle. There is a reason Google 'sold' these patents to HTC. HTC needed patents they could use offensively and so they had to be the patent owner to have the right to use them in that way.


PS: There would need to be a single legal entity which owned all the patents of the hypothetical Android patent pool. That entity could then sue other parties (patent agressors who were not members of the pool) on behalf of pool members.

The Open Handset Alliance is a good candidate to become just such an entity.

http://www.openhandsetalliance.com/

http://www.openhandsetalliance.com/oha_overview.html

http://www.openhandsetalliance.com/oha_members.html

Edited 2011-09-08 03:30 UTC

Reply Parent Score: 2

RE[3]: Comment by testman
by molnarcs on Thu 8th Sep 2011 06:32 in reply to "RE[2]: Comment by testman"
molnarcs Member since:
2005-09-10

No it can't because a patent pool cannot be used offensively, it's purely a defensive vehicle.

There is a reason Google 'sold' these patents to HTC. HTC needed patents they could use offensively and so they had to be the patent owner to have the right to use them in that way.


That was truly silly, even coming from you. 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.

Reply Parent Score: 9

RE[4]: Comment by testman
by Laurence on Fri 9th Sep 2011 14:55 in reply to "RE[3]: Comment by testman"
Laurence Member since:
2007-03-26



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.

Reply Parent Score: 2