NinjaguyDan said: Patent trolls. I'm surprised they haven't dug up a patent for the "power" button and sued every electronics company.
Hmm... Starts patent searc |
First I admit I know squat about this case here but I have worked on a ton of patent cases so I will respond to this post. I just got down working on a case which had a patent from 1995. The patent was owned by a very large company and it was invalidated because they decided to sue other companies that were making equipment based on older patents that did the same thing. the defense ended up being succesful.
A few years ago I worked on another patent case agaisnt another big company. The patent in issue was from 1993 and was owned by the defendents the plantiff won that case through priror art and it was IMO a legitimate win and yet it took 11 years for it to goto court.
Xerox sued apple in 1989 for 1981 tech they lost but won on appeal. I did not work on that case.Many patetn cases actually happen many years after the introduction of the infringed product. The things that hold them up are stuff like discovery(you can't sue if you don't know it is there). Investigation if you are going to sue you want to make sure the process used is similiar enough to the patent. In most cases there is a period of contact or conversation between the disputed parties in attempt to settle it before going to court, this does not always happen but it makes it look better. Then there is the phase where the case actually gets filed and both sides begin to go through legal discovery this process can take years depending on how many depositions there are and ho many docvuments have to be sorted collected and found. Then usually a Judge is assigned. Even once a Judge is assigned(court Call) it can take months for the case to go on trial sometimes years as is the case with 3 of the trials that we currently have lined up. Alot depends on the judges schedule, motions and otehr things. Most trials last only 2 weeks but some cases will go for up to six months. We had the immersion case for a long long time.
Now for some otehr tidbits. This case was filed in Marshal Texas. This court and judge are very freindly to patent holders. Even though it was a jury case the judge has a lot of input into what can and can not be shown to the jury and thus effecting the outcome of the case depending on how narrow he makes it. Now a lot of patent trolls like East texas, but so do legitimate patent holders after all you want to win and if you can sue there it is just one more advantage.
I don't know if they are patent trolls or not but I do think that people who jump to conclusion about legal verdicts like this are worse than patent trolls as they invalidate a system without thought.