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> In this case, Jason, smelling potential money, purchased an expired patent ‘434 from Huawei and then formed a shell company to start suing people. What's goi
by jrochkind1 5y ago
> In this case, Jason, smelling potential money, purchased an expired patent ‘434 from Huawei and then formed a shell company to start suing people.
What's going on with suing people under an expired patent?
Is there actually some legal ground here -- like can you sue them for their historical violation before it expired or something?
- AlbertCory 5y ago"expired" doesn't mean you can't sue for infringement. For six years (someone check me on this), you can sue for infringements that happened while the patent was unexpired.
- analog31 5y agoI seem to recall that you have to show intent to commercialize a patent in order to enforce it. Is that a thing, or just a bit of urban folklore that I picked up somewhere?
- AlbertCory 5y agoIANAL but I don't think that's true. A patent doesn't allow you to practice an invention; it allows you to exclude others from practicing it.
- slac 5y agoI find it super bizarre that Huawei would sell expired patents. Is it really worth it?
- HeyLaughingBoy 5y agoAre you asking if it's worth it to them to sell something that is worthless to them?
- detaro 5y agoIf I understand correctly not applicable here (patent expired after max duration of 20 years), but one facet of this is that in some cases you can buy a patent that is expired because the owner decided it wasn't worth to continue pay the extension fees and un-expire it by paying the fees retroactively.