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In the law we have the concept of "commercially reasonable efforts". Therefore we could in fact have a law which requires ongoing commercially reasonable effort
by ryanmarsh 8y ago
In the law we have the concept of "commercially reasonable efforts". Therefore we could in fact have a law which requires ongoing commercially reasonable efforts to manufacture and market the invention. This would empower a company who wanted the use a dormant/squatted patent with cause for action. In such a situation IBM would either have to make such an obvious go of it that nobody would waste the time attempting to prove a lack of commercially reasonable effort (subjectively interpreted by the courts), IBM could play act like they're making a reasonable effort and roll the dice in court, or relinquish the claim.
In IBM's case, is producing 1,000 units just to prove commercially reasonable effort sufficient? The GOOD thing about the subjectivity of "commercially reasonable effort" in the law is that one could argue 1,000 units is not enough for a company with the resources of IBM.