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I am not a lawyer, so please take this for no more than what it is: an amateur commenting on his opinion of the law, not legal advice which it would be illegal
by mcherm 11y ago
I am not a lawyer, so please take this for no more than what it is: an amateur commenting on his opinion of the law, not legal advice which it would be illegal for me to give you.
If, indeed, foam arrows existed (and were publicly known, not some sort of trade secret) before the date that the patent was issued then that would make the patent invalid. There is a point in the legal process where the defendant is allowed to argue that the patent was invalid. Unfortunately, in many cases that point comes AFTER the defendant has already run out of money and been forced to concede the case.
Using the courts to bully a competitor out of business is perfectly legal. For instance, if the competitor is illegally selling a product that uses your validly patented invention, then putting them out of business (and/or requiring them to obtain a license for the patent) is exactly what the law requires. Your application of the word "bully" simply means "to demand something which I think is unfair". Now, if the patent is NOT valid, then the whole argument falls apart, but as I mentioned, that comes up at a later point in the legal process.
- chris_wot 11y agoIn this case they have raised the ire of the EFF. The playing field just got levelled.