LG gets injunction against PS3 sales in Europe!?

Alby_da_Wolf

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Alby_da_Wolf on 03 March 2011

Kasz216 said:

Alby_da_Wolf said:

Kasz216 said:

Alby_da_Wolf said:

[...]

http://en.wikipedia.org/wiki/Blu-ray_Disc_Association

LG is founding member and member of the board of directors of the Blu-Ray Disc Association. This makes things different, as if those patents were essential for the standard, LG would have committed a "patent ambush". But as it filed a lawsuit, most probably this is not the case, so those patents must be used only in Sony's implementations. But in this case the infringing parts can be replaced, although it would take some time and a lot of money (not only for design and implementation, but also because damages already suffered by LG shold be compensated) to Sony to get out of troubles this way, so an agreement is the most probable outcome.

Most probable, though not definite. Which is my point. I expect a settlement will be the obvious way out. However. What you should keep in mind is.

They aren't targeting Sony Blu-ray Players.

They are targeting PS3's and Bravaria TVS.

So, patent ambushing shouldn't apply, since it's not about the players... but about HD Tvs and videogame systems.

Also a Patent Ambush only applies when information is withheld about patents. Sony could of full well known of the patents and just infrined on them.

Yes, in fact in this case the patent ambush would apply only if LG deceived the BD Association, of which it is a member, but it looks like these patents don't regard BD. So much the better for us users, we just don't needed this shit furtherly expanding. Curiously, besides Sony haters, you can find in the threads about this news some BD haters that hope Blu-Ray be d0med for what happened and grasp at straws to keep their hope alive.

And just to stay in the realm of hope and dreams, the best outcome for us users would be that Sony win about PS3 and TVs and LG win about cellphones, but this would establish a high-profile precedent against patent bullying, trolling and retaliation, so, alas, both big companies and patent specialized lawyers will (not explicitly) push against it and more towards an agreement that would keep their power intact.

Really, I'd think what would be best would be the opposite... if they both lose it causes major products to go off the shelves and people raeliz how stupid and untenable patents are.

Yes, thinking again about it, I must agree it would be even better to strongly shock people about these issues. But even what I said would be better than an agreement from this point of view, as the agreement is the typical outcome to keep the balance in the power games and the power itself in the hands of the same few big ones while the small ones cannot hope in any agreement if the goal of the big ones is to crush them or to stop them from growing.

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TruckOSaurus on 03 March 2011

Kynes said:

TruckOSaurus said:

Haven't read the thread but my question is: Why now? The PS3 has been out for more than 4 years, I feel like I'm missing part of the story.

Retaliation. Sony sued LG on USA because of some mobile phones, so LG retaliated suing Sony on the PS3.

Thanks, I knew there was something I was missing.

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Booh! on 04 March 2011

Kynes said:

TruckOSaurus said:

Haven't read the thread but my question is: Why now? The PS3 has been out for more than 4 years, I feel like I'm missing part of the story.

Retaliation. Sony sued LG on USA because of some mobile phones, so LG retaliated suing Sony on the PS3.

Yeah, but you cannot file a patent infringement lawsuit whenever you want. For example in France you have three years since the infringement (so, LG can't suit Sony in France), while in Italy and Spain 5 years and in the US 6 years...

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italo244 on 04 March 2011

Booh! said:

Kynes said:

TruckOSaurus said:

Haven't read the thread but my question is: Why now? The PS3 has been out for more than 4 years, I feel like I'm missing part of the story.

Retaliation. Sony sued LG on USA because of some mobile phones, so LG retaliated suing Sony on the PS3.

Yeah, but you cannot file a patent infringement lawsuit whenever you want. For example in France you have three years since the infringement (so, LG can't suit Sony in France), while in Italy and Spain 5 years and in the US 6 years...

Are you saying that LG is wrong by suing Sony?

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Booh! on 04 March 2011

italo244 said:

Booh! said:

Kynes said:

TruckOSaurus said:

Haven't read the thread but my question is: Why now? The PS3 has been out for more than 4 years, I feel like I'm missing part of the story.

Retaliation. Sony sued LG on USA because of some mobile phones, so LG retaliated suing Sony on the PS3.

Yeah, but you cannot file a patent infringement lawsuit whenever you want. For example in France you have three years since the infringement (so, LG can't suit Sony in France), while in Italy and Spain 5 years and in the US 6 years...

Are you saying that LG is wrong by suing Sony?

No, simply that there is a prescription period.

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italo244 on 04 March 2011

Booh! said:

italo244 said:

Booh! said:

Kynes said:

TruckOSaurus said:

Haven't read the thread but my question is: Why now? The PS3 has been out for more than 4 years, I feel like I'm missing part of the story.

Retaliation. Sony sued LG on USA because of some mobile phones, so LG retaliated suing Sony on the PS3.

Yeah, but you cannot file a patent infringement lawsuit whenever you want. For example in France you have three years since the infringement (so, LG can't suit Sony in France), while in Italy and Spain 5 years and in the US 6 years...

Are you saying that LG is wrong by suing Sony?

No, simply that there is a prescription period.

But im asking if Sony still can "dodge" this "sue"?

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Alby_da_Wolf on 04 March 2011

italo244 said:

Booh! said:

italo244 said:

Booh! said:

Kynes said:

TruckOSaurus said:

Haven't read the thread but my question is: Why now? The PS3 has been out for more than 4 years, I feel like I'm missing part of the story.

Retaliation. Sony sued LG on USA because of some mobile phones, so LG retaliated suing Sony on the PS3.

Yeah, but you cannot file a patent infringement lawsuit whenever you want. For example in France you have three years since the infringement (so, LG can't suit Sony in France), while in Italy and Spain 5 years and in the US 6 years...

Are you saying that LG is wrong by suing Sony?

No, simply that there is a prescription period.

But im asking if Sony still can "dodge" this "sue"?

As Booh! just wrote, it can already dodge seizings based on patent infringement lawsuits importing PS3 through French harbours, as in France the infringements, if any ever happened, would be already prescripted. Regarding TVs, as models are renewed more often than consoles, most probably this way out applies only to the oldest models. It could be a quick, short term way out, at least in EU, to avoid being forced to a rushed agreement, but on the longer term Sony lawyers will need something stronger to fight or to reach an agreement. If you were asking about Netherlands only, then no, seizings imposed by Dutch judges can't be dodged anymore. Edit: and if they granted them, obviously those possible infringements aren't prescripted there, so to keep on selling PS3 and TVs in the Netherlands, Sony will need to at least successfully oppose any extension of the seezing.

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italo244 on 04 March 2011

Alby_da_Wolf said:

italo244 said:

Booh! said:

italo244 said:

Booh! said:

Kynes said:

TruckOSaurus said:

Haven't read the thread but my question is: Why now? The PS3 has been out for more than 4 years, I feel like I'm missing part of the story.

Retaliation. Sony sued LG on USA because of some mobile phones, so LG retaliated suing Sony on the PS3.

Yeah, but you cannot file a patent infringement lawsuit whenever you want. For example in France you have three years since the infringement (so, LG can't suit Sony in France), while in Italy and Spain 5 years and in the US 6 years...

Are you saying that LG is wrong by suing Sony?

No, simply that there is a prescription period.

But im asking if Sony still can "dodge" this "sue"?

As Booh! just wrote, it can already dodge seizings based on patent infringement lawsuits importing PS3 through French harbours, as in France the infringements, if any ever happened, would be already prescripted. Regarding TVs, as models are renewed more often than consoles, most probably this way out applies only to the oldest models. It could be a quick, short term way out, at least in EU, to avoid being forced to a rushed agreement, but on the longer term Sony lawyers will need something stronger to fight or to reach an agreement. If you were asking about Netherlands only, then no, seizings imposed by Dutch judges can't be dodged anymore. Edit: and if they granted them, obviously those possible infringements aren't prescripted there, so to keep on selling PS3 and TVs in the Netherlands, Sony will need to at least successfully oppose any extension of the seezing.

Ha! Now i understand

Thanks!