3 ms·

So if the patents are overturned what kind of damages do you get against MSFT for forcing you to license them?

by nobody314159 15y ago

sp332 15y ago
Maybe you could sue for damages if you can prove they actually lied about it.
- kenjackson 15y ago
  You can almost always sue. But given that MS is probably holding an actual patent granted by the USPTO (and haven't just made one up and said it's real), it's a guaranteed loser.
tsotha 15y ago
Realistically, none. The fine print on the license will cover this eventuality. In any event, if they didn't overturn Amazon's 1-click patent they're not going to overturn patents on other obvious things, so I doubt it will happen.
- nobody314159 15y ago
  Hello - we are a big company with an infinite amount of lawyers We are claiming, without having to show any evidence, that you are violating one of our patents but we aren't to going to tell you which one. If you pay us money we will leave you alone. If it turns out we were lying we still get to keep your money and there is no penalty on us. And we don't need patent reform?
  - deleted 15y ago
    [deleted]
  - tsotha 15y ago
    Well, I'm assuming they have patents that apply, because apparently there are lots of things that are covered by dozens of patents. Broadly written patents are easy to get and very difficult to break. That's not a workable state of affairs. Yeah, we need patent reform. Hell, I'd go even farther than that. I'd get rid of them altogether. The system we have today works at cross purposes to the original purpose of patents - it discourages innovation, because if you come out with a new product odds are it's covered under a hundred broadly written patents. Why bother, unless you're a huge company with a large patent portfolio of your own?
kelnos 15y ago
Nothing. MS isn't forcing anyone to do anything. When faced with a patent holder who claims you distribute an infringing product, you have two choices: 1. Pay up. 2. Don't pay up. If you don't pay up, and the company wants to take you to court, then you have to either prove yourself to be non-infringing, or get the patents invalidated. MS is of course being pretty shady by picking targets that are very likely to want to avoid litigation with a huge company with a legal war chest. But unfortunately, patent law allows companies to "overlook" potential infringers if they want, to no ill effect.

So if the patents are overturned what kind of damages do you get against MSFT for forcing you to license them?

sp332 15y ago

Maybe you could sue for damages if you can prove they actually lied about it.

kenjackson 15y ago
You can almost always sue. But given that MS is probably holding an actual patent granted by the USPTO (and haven't just made one up and said it's real), it's a guaranteed loser.

tsotha 15y ago

Realistically, none. The fine print on the license will cover this eventuality. In any event, if they didn't overturn Amazon's 1-click patent they're not going to overturn patents on other obvious things, so I doubt it will happen.

nobody314159 15y ago
Hello - we are a big company with an infinite amount of lawyers We are claiming, without having to show any evidence, that you are violating one of our patents but we aren't to going to tell you which one. If you pay us money we will leave you alone. If it turns out we were lying we still get to keep your money and there is no penalty on us. And we don't need patent reform?
- deleted 15y ago
  [deleted]
- tsotha 15y ago
  Well, I'm assuming they have patents that apply, because apparently there are lots of things that are covered by dozens of patents. Broadly written patents are easy to get and very difficult to break. That's not a workable state of affairs. Yeah, we need patent reform. Hell, I'd go even farther than that. I'd get rid of them altogether. The system we have today works at cross purposes to the original purpose of patents - it discourages innovation, because if you come out with a new product odds are it's covered under a hundred broadly written patents. Why bother, unless you're a huge company with a large patent portfolio of your own?

kelnos 15y ago

Nothing. MS isn't forcing anyone to do anything. When faced with a patent holder who claims you distribute an infringing product, you have two choices: 1. Pay up. 2. Don't pay up. If you don't pay up, and the company wants to take you to court, then you have to either prove yourself to be non-infringing, or get the patents invalidated. MS is of course being pretty shady by picking targets that are very likely to want to avoid litigation with a huge company with a legal war chest. But unfortunately, patent law allows companies to "overlook" potential infringers if they want, to no ill effect.