[linux-elitists] QOTD

Greg KH greg@kroah.com
Wed Jun 14 10:04:12 PDT 2006


On Wed, Jun 14, 2006 at 08:48:22AM -0700, Don Marti wrote:
> What about Tim O'Reilly's strategy of keeping the
> "killer prior art" published but not easily indexable?

The "prior art" defense of patent invalidation is one of the hardest
things to do in patent law.  The amount of work to implement it is very
high, as you need to invalidate _every_ claim of a patent in order to
achieve it (dependant and independant clauses.)

However the defense of "we don't infringe" is much easier to obtain as
you only need to prove non-infringment on the independant clauses of a
patent, which is not that hard to do based on the way that almost all
patents are written (it's amazingly scary to watch what patent lawyers
can do to the language when they want to prove non-infringment.)

But if any of it ever goes to a jury court, all bets are off, that's
another whole world and is something that no one wants to do...

Ugh, I've spent too much time working with patent lawyers over the
years, can't you tell...

thanks,

greg "yes I have a patent, but I didn't want it" k-h



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