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Progress and Creativity Stifled by Lawsuits

 
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Seems like everytime I hit slashdot, digg, and other various tech focused websites, I read about companyA being suied by companyB for patent infringments and what not. So say I have a great idea for a product. It might be software, it might be hardware, who knows. But how worried would I have to be about someone suing me down the road? Obviously more likely if said product gains popularity and starts making money. How can I possibly make sure that my product doesn't infringe on any of the million patents and patent pendings in the world?

So I make a cool product and it just so happens that a button on my product is the same shape as a button on CompanyB's product. They have a patent pending on the shape of that button. Now I am being sued for $11 million. What a crock. Any opinions on this? Seems like this kind of strategy will eventually slow down creativity and improvements in the tech world. Makes it especially hard for startups.
 
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i remember reading an article about companies who's BUSINESS MODEL was to buy patents, and then sue people who they feel violated them.

On the other hand, what happens if you get your patent, and then a year or two down the road, somebody markets a product that has stolen YOUR idea?
 
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I'd like to hear what Microsoft, Apple, and Xerox have to say on the topic

Personally, it seems to be that there's more in the way of out-and-out theft then there is fictionalized 'frivolous' lawsuits. I think your real worry should be people just ripping your idea off.
 
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Originally posted by Max Habibi:
...it seems to be that there's more in the way of out-and-out theft then there is fictionalized 'frivolous' lawsuits...


++
 
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This refers to the US laws.

You can have some attorney/firm check whether you infringe on a patent or not. But the best way would be to get a Patent yourself. In case it does infringes on someone's patent then I guess the most they would ask you for is abandon the patent. It's highly unlikely that you would be granted a patent that does infringes on someone's IP. Moreover in case if you think that it is likely to get famous patent it anyways even if you don't intend to charge for it, because someone else might get it patented in case you don't. Then again patenting is time and money consuming. But atleast safer than $11 million suit.

And yeah I am not a attorney/lawyer.
[ September 15, 2006: Message edited by: Anupam Sinha ]
 
Anupam Sinha
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Originally posted by fred rosenberger:
On the other hand, what happens if you get your patent, and then a year or two down the road, somebody markets a product that has stolen YOUR idea?[/QB]



As in the first post


sued for $11 million

 
Gregg Bolinger
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You all are right about wanting to protect my product. I may have to rethink my position a bit but I think there is this fine line between protecting your product and out right abuse of the system. I'll see if I can dig up some good examples that are similar to my fake "button shape" scenerio.
 
Max Habibi
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Ok, but expect those to be met with an avalanche of examples of the system abusing our rights

M
 
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http://money.cnn.com/magazines/fortune/fortune_archive/2006/07/10/8380798/
 
marc weber
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Well, it's easy to find "examples" supporting a particular idea, if that's what you set out to find. But I would be more interested in the reality of the situation.

If the idea is worth anything, it's worth consulting an attorney -- at least for some grounded perspective. Then if you decide to go forward working with an attorney, this should be fairly routine paperwork.
 
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It reminds of this store that allowed people to return broken products. It seems some customers would break a product within a couple days of buying it and then return it claiming it was broken! It seems to me this kind of thing would eventually put a "tax" on real transactions.

Moral of the story: any interaction that does not have very clear, objective, measurable metrics and rules can be abused. :-p

--Mark
 
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Originally posted by fred rosenberger:
i remember reading an article about companies who's BUSINESS MODEL was to buy patents, and then sue people who they feel violated them.

On the other hand, what happens if you get your patent, and then a year or two down the road, somebody markets a product that has stolen YOUR idea?

You sell your patent to a firm that has the wherewithal to sue them.
 
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