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Judges aren't stupid. If the language specifies some honest attempt to use the patent in the marketplace, I could see judges making a judgement on whether or no
by scott_s 14y ago
Judges aren't stupid. If the language specifies some honest attempt to use the patent in the marketplace, I could see judges making a judgement on whether or not the example in front of them qualifies. Unlike computer systems, subjectivity and interpretation is a part of the law.
- MichaelSalib 14y agoI don't see how a judge could distinguish "my startup is failing to gain traction" from "my company's product is a sham designed to bypass anti-patent-troll regulation".
- scott_s 14y agoIf we can tell the difference, a judge can. Also, as noted elsewhere in the thread, trademarks do behave like this: use 'em or lose 'em. They could be similarly gamed, yet it works in practice.