By using this site, you agree to our Privacy Policy and our Terms of Use. Close

Forums - Sony Discussion - Sony hit with $18.5 million patent fine

Because people in Texas have so few ideas that anyone in Texas that gets a good one should be compensated if someone steals it.



Around the Network

@DirtyP2002
I'm european, so here's how I understand it.

Failing company patents a vague outline of a wireless technology, then waits until a bigger company makes wireless devices. Based on the modern world, most things are based on the same human technology and principles that have existed for years so at some point some big company is going to accidentily create something similar to them, then they sue using Texan courts because the state they are in probably wouldn't be crazy enough to let them win.

right?



Hmm, pie.

DirtyP2002 said:

could you explain this to a european?

US Patent Law is a travesty. First, you have patent mills that buy up patents and sit on them, with no inclination to ever make a product. Many of them even advertise on TV under the guise of "Invention Submission Corporations," that offer dubious promises to help you legalize your Next Big Idea(tm) and help turn you into a rags-to-riches millionaire overnight. Obviously, these companies do none of those things. They just sift through the thousands of ideas they get and patent the good ones.

Getting a patent in the US is actually very easy too, most (some might say none) are properly vetted, if at all.

What this leads to is a system where you have a group of wealthy lawyers sitting on filing cabinets full of hundreds of thousands of obtuse ideas, waiting for somebody to come along and actually introduce a product people want, then suing for patent infringement once the product becomes successful. Obviously, it's a lot easier, and cheaper, to sue Sony over a network appliance or Nintendo over putting an accelerometer into a Wii Remote to cash out a quick $20M than it is to actually devise, market, and advertise any unique products of your own. That would actually require a capital investment!

On top of this mess, add to it that if you want to sue over a patent in America, the court of Judge T John Ward in Marshall, Texas is the place to do it. A "rocket dockett" for patent law. If you look at the .pdf linked earlier in this thread ... this Sony suit originated in Marshall TX.

Exactly what happened here.

In a US Court, when it comes to patent infringement, it boils down to the fact that you are guilty until you prove yourself innocent. You patent something with no inclination to make. I make something truly revolutionary the whole world wants. You sue me. Now, it's MY JOB to PROVE I didn't know you had this ten year old patent. It's difficult enough for me to win my case, and I'd already have to spend millions to get your patent invalidated, probably much more than what I'll wind up spending if I just pay you a settlement. Once you factor in judges like T John Ward, you get what we have today.

 

 



To answer some European questions:

A judge in Marshall, TX has made his court the place to sue for patent issues. It is chosen by plaintiffs because the judge appears to be sympathetic to their cause and often tends to misinterpret the law to their benefit. These cases are usually appealed and either thrown out or significantly reduced.

Mike from Morgantown



      


I am Mario.


I like to jump around, and would lead a fairly serene and aimless existence if it weren't for my friends always getting into trouble. I love to help out, even when it puts me at risk. I seem to make friends with people who just can't stay out of trouble.

Wii Friend Code: 1624 6601 1126 1492

NNID: Mike_INTV

if it's the same guy pushing cases through and always siding with the patent holders it makes me wonder what kind of kick backs he's getting? maybe a counter suit is in order against the judge for i dunno...something.



Around the Network

They better sue every company that uses a wireless network in their devices then



Ughh... Why doesn't this suprise me? Patent this patent that. Only thing left is a patent for a boot to their asses. This is things not a joke but it's getting ridiculous.