Originally Posted by
Geof
Yes and no. As far as I understand it even if a patent is issued in error it is still valid, the patent holder can sue for infringement and the onus is on the alleged infringer to prove the patent is not valid. Therefore if the patent owner has deep pockets and fancy lawyers they can intimidate people into paying license fees with the threat of a lawsuit that would be expensive and time consuming to fight.
Whether that will happen in this case is impossible to know at this stage.
Yep, the system is asymmetrical in that it overwhelmingly favors the plaintiff. Typically, you have to deal with 2 defenses:
1) What I'm doing does not infringe this patent. Usual cost for a company just to get to the first day of the trial: $1M.
2) The patent should not have been granted. Cost to go this way: mid to high single digit millions.
Patent trolls are alive and well based on this ridiculous system. There are even publicly traded companies that do nothing but this ambulance chasing.
However, as was mentioned, Vectric are the ones to worry, not users of the software.
Best,
BW
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