Linked by Thom Holwerda on Tue 19th Mar 2013 09:50 UTC
Legal Nokia has gotten an injunction against HTC in Germany over a patent on a power-saving feature in Qualcomm chips (?!). Nokia's response illustrates why the company started its recent patent offensive: "Nokia is pleased with this decision, which confirms the quality of Nokia's patent portfolio." If nobody buys your phones and your business is failing spectacularly, you have to promote something else of value to paint yourself as an interesting acquisition target. Patents it is, then. If you can't compete, litigate. Update: HTC's statement is pretty damning.
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RE: Comment by Nelson
by Soulbender on Wed 20th Mar 2013 04:32 UTC in reply to "Comment by Nelson"
Soulbender
Member since:
2005-08-18

Nokia isn't saying that Qualcomm has a license, they're saying that Qualcomm infringes, but going after HTC which is equally liable.


This pretty much sums up what's wrong with the current patent legal system. Actor X can be sued by Actor Y for an infringement by Actor Z simply because Actor X happened to use a product made by Z.
It's even worse since this apparently also applies to regular consumers (personal as well as corporate) so I could be sued by Sony for an infringement in a Samsung product that own. How in the hell can consumers be expected to understand and be aware of these things? It's like someone went "Hey, you know those protection rackets the mafia runs? How can we make that legal and available to companies?".

This is wrongheaded beyond belief.

Reply Parent Score: 2

RE[2]: Comment by Nelson
by Nelson on Thu 21st Mar 2013 21:05 in reply to "RE: Comment by Nelson"
Nelson Member since:
2005-11-29

I agree. I think you hit the nail right on the head and it is a potential avenue for abuse. However such things also exists in other corners of all types of law.

Its usually up to the Judge to decide what is frivolous and what is actually consistent with the spirit of the law, and there's been evidence that it goes on during patent trials. Sometimes patent assertions will go from 30 to something like 5, or they'll just be dismissed with prejudice outright. From that POV, I think its hard to argue that abuses in the law are actually occurring to such an extent.

HTC isn't a Mom & Pop store. They're also easier to sue, they directly sell the infringing product which makes it easier to argue for damages.

Reply Parent Score: 2