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Interesting. My first thought on finishing your post was "How rude; you've tainted us all with the knowledge of a that patent." Evidence of manners in the makin
by troutwine 16y ago
Interesting. My first thought on finishing your post was "How rude; you've tainted us all with the knowledge of a that patent." Evidence of manners in the making I suppose; adaptation of custom in the face of seemingly immovable, shared burdens.
- WalterGR 16y ago"How rude; you've tainted us all with the knowledge of a that patent." What is required to prove willful patent infringement? Is "Defendant's web history shows (s)he accessed a web page on which someone claimed the patent existed" sufficient? EDIT: "Defendant", not "plaintiff".
- acqq 16y agoIn most development scenarios you are actually interested to know which patents can potentially get you sued so please explain how exactly is the awareness of the patent existence of the disadvantage to you.
- duskwuff 16y agoWikipedia (http://en.wikipedia.org/wiki/Patent_infringement_under_United_States_law http://en.wikipedia.org/wiki/Patent_infringement_under_Unite...): > If an infringer is found to have deliberately infringed a patent (i.e. "willful" infringement), then punitive damages can be assessed up to three times the actual damages. Legal fees can also be assessed. If it cannot be proven that an infringer had knowledge of the patent, though, the damages that can be assessed are substantially lower.
- acqq 16y agoThank you. I'd still like to know how can you as the developer and your software survive in either scenario (with or without knowing that you infringe) it the patent covers the basic functionality of your software?