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As someone who doesn’t know much about patents: what exactly would you sue someone for if they used a good-faith patent while not meeting the conditions of the

As someone who doesn’t know much about patents: what exactly would you sue someone for if they used a good-faith patent while not meeting the conditions of the good-faith clause? How do you normally sue over a patent violation? Some estimation of damages in comparison to a hypothetical world where the patent wasn’t violated, then multiplied by some number so that it’s not worthwhile to violate patents constantly given that the court can’t prosecute every case? It would seem as if the good-faith clause is basically asserting there aren’t damages in comparison to a world where the patent isn’t violated (or that usage is actually positive so long as it’s not used by someone who is collecting rent on their own patents.)

gridspy 8y ago
If Toyota acted in "bad-faith" by suing a third party (say Nissan) then Tesla could act to revoke their patent licenses to Toyota. Once they had done so, it would be a standard patent infringement lawsuit between Tesla and Toyota. This could be one path where you could enforce good-faith, IMHO IANAL.
- close04 8y ago
  Unfortunately this wouldn't stop anyone from transferring the patents to another legal entity that will grant the original company full right to use them but sue everybody else.
  - mbrumlow 8y ago
    You could also make provisions to prevent that, as well. If I cam granting use of my patent to you, I could request you put on a red fedora every day -- and if you fail to do so, then I will revoke you right to use the patent. You have to chose, put on that fedora, or don't use my patent. I guess you could chose to use the patent and be sued... In any case, I am sure a document worded just right would either prevent that patent being used by a company who does not want to comply, or a lawsuit for violating the patent. It could be simply put -- if you use this patent you may do so given the following. 1) You grant others the right to use your patents free of charge. 2) You don't sell your patents to any 3rd party. I am sure there is some other things that might need to be covered.

gridspy 8y ago

If Toyota acted in "bad-faith" by suing a third party (say Nissan) then Tesla could act to revoke their patent licenses to Toyota. Once they had done so, it would be a standard patent infringement lawsuit between Tesla and Toyota. This could be one path where you could enforce good-faith, IMHO IANAL.

close04 8y ago
Unfortunately this wouldn't stop anyone from transferring the patents to another legal entity that will grant the original company full right to use them but sue everybody else.
- mbrumlow 8y ago
  You could also make provisions to prevent that, as well. If I cam granting use of my patent to you, I could request you put on a red fedora every day -- and if you fail to do so, then I will revoke you right to use the patent. You have to chose, put on that fedora, or don't use my patent. I guess you could chose to use the patent and be sued... In any case, I am sure a document worded just right would either prevent that patent being used by a company who does not want to comply, or a lawsuit for violating the patent. It could be simply put -- if you use this patent you may do so given the following. 1) You grant others the right to use your patents free of charge. 2) You don't sell your patents to any 3rd party. I am sure there is some other things that might need to be covered.