[ODE] Quickstep and patents

Charlls Quarra charlls_quarra at yahoo.com.ar
Thu Jun 7 15:04:06 MST 2007


--- "Jon Watte (ODE)" <hplus-ode at mindcontrol.org>
escribió:

> However, sometimes it actually takes a multi-million
> court battle to 
> prove that. If the prior art is blatantly and
> clearly going to 
> invalidate the patent, though, it's likely that the
> aggressor will 
> settle quickly, or drop the whole matter. No matter
> -- I'm not a lawyer, 
> so I can't advice on legal issues or conditions
> specific to any 
> individual case.
> 

Neither can i i should have made more clear that i was
arguing strictly from what has been common experience
until now. They could in theory attempt to force you
to settle (which obviously you dont have the pocket to
back up even when prior art are valid) and i don't
even have seen the patent in question or the ability
to judge if some of such patents apply. 
 But i can say that largely no company have ever
(almost never) attempt that, despite the conditions
that are relevant here are similar in hundreds of
other projects (economically orphaned BSD code where
small commercial projects contribute and feedback to
their projects, all of which couldn't stand a court
pocket-fight) and yet, you don't see this sort of
fights going on. The only exception in these last
years was SCO Unix, and you saw all the attention that
one brought.
 Is not like a guarantee that it won't happen, but a
reasonable doubt.

Cheers



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