More On Acadia's Lawsuits.

Hell Puppy · 02-08-2003

Patent law in the U.S. is just so fucked up.

What you're seeing from Acacia is the normal process. To validate your patent, you pretty much have to sue people.

You can patent virtually anything, no matter how broad the scope or absurd the claim. The patent office will file it. If you wanna enforce it, you use the legal system. You go after anyone you perceive to be infringing. They either pay whatever license fee you're asking or it lands in court where you must defend your claim while the other party tries to prove your patent is bullshit.

Litigation can last years on these things and can suck both parties dry. However, if you win and find yourself with a valid patent on something useful then it can be a real rainmaker.

These Acacia guys are dicks because of the way they're going about it. But at the same time you have to give them credit for being smart enough to use the system to their advantage. They're not jumping on the obvious targets in the form of people like Real and Microsoft. Those companies are loaded with intellectual property and patent lawyers. Instead, they're going after smaller targets that are making money.

They're asking for a low number in hopes of people doing exactly what Virgin did. Their lawyers and bean counters looked at it and decided it was cheaper to pay it than litigate.

To fight 'em effectively will require some very expensive legal help. Patent attorneys do not come cheap. And I wouldn't dare try it with an attorney who did not specialize in patents and intellectual property.

02-08-2003	#11
Hell Puppy Fat Fucking Nobody Want to see your own Advertising Here! Join Date: Oct 2002 Posts: 6,523	Patent law in the U.S. is just so fucked up. What you're seeing from Acacia is the normal process. To validate your patent, you pretty much have to sue people. You can patent virtually anything, no matter how broad the scope or absurd the claim. The patent office will file it. If you wanna enforce it, you use the legal system. You go after anyone you perceive to be infringing. They either pay whatever license fee you're asking or it lands in court where you must defend your claim while the other party tries to prove your patent is bullshit. Litigation can last years on these things and can suck both parties dry. However, if you win and find yourself with a valid patent on something useful then it can be a real rainmaker. These Acacia guys are dicks because of the way they're going about it. But at the same time you have to give them credit for being smart enough to use the system to their advantage. They're not jumping on the obvious targets in the form of people like Real and Microsoft. Those companies are loaded with intellectual property and patent lawyers. Instead, they're going after smaller targets that are making money. They're asking for a low number in hopes of people doing exactly what Virgin did. Their lawyers and bean counters looked at it and decided it was cheaper to pay it than litigate. To fight 'em effectively will require some very expensive legal help. Patent attorneys do not come cheap. And I wouldn't dare try it with an attorney who did not specialize in patents and intellectual property.