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1
vote
0answers
19 views

When a patent infringment litigation is considered frivolous?

Where is the line telling that a litigation is basically a bullying tool for a patent holder? Accusing party is providing software patent infringement arguments that are laughable to one skilled in ...
0
votes
0answers
13 views

Possible US court sanctions over EU company in software patent infringment case

What are the possible sanctions from US court if a EU company decides that continuing software patent litigation is useless but is not willing to make a deal with accusing party. In other words ...
0
votes
1answer
50 views

Which is better, to patent or keep secret

If I publish my trade secrets in a patent, surely it will be copied and the cost of litigation will be on me. Microsoft is a good example of a patent vampire. I did look into registering a US patent ...
1
vote
3answers
442 views

How can “non-infringement” be an “affirmative defense” in patent litigation?

This question might be rather academic. It is about patent litigation which is related to the US patent system. If a patent owner thinks, his patent is being infringed, the patent owner may choose to ...
2
votes
2answers
181 views

What happens if a developer cannot pay the litigation costs?

Let's say a small software developer simply does not have enough money to pay the extreme costs of a patent infringement lawsuit. What happens in this case? Situation B: Let's assume the software is ...
2
votes
2answers
195 views

What patents are being used by Lodsys to go after small iOS developers?

What patents are being used by the patent troll Lodsys LLC to go after small iOS developers who take advantage of Apple's in-app purchase functionality?
4
votes
3answers
404 views

Can 'my own' published application be used against 'my newer application' on the ground of 'prior-art'?

We have applied for a patent, it is published by 'PATENTSCOPE' of WIPO 7 months ago. It is presently with the International Preliminary Examination Authority (IPEA). The basis of invention is ...
23
votes
5answers
1k views

What can I do about an infringer if I'm a small independent inventor?

I'm a small-scale independent inventor with few resources and have a patent that I believe is being infringed by a large company. I fear that if I approach the company on my own, I will have little ...