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Google almost certainly will try to invalidate these patents, using prior art and other arguments, when it comes to a trial (see: Oracle v Google). Unfortunate
by fpgeek 14y ago
Google almost certainly will try to invalidate these patents, using prior art and other arguments, when it comes to a trial (see: Oracle v Google).
Unfortunately, one of the problems with the current patent system is that it isn't in Google's interest to do that before it comes to a trial. The first problem is that using prior art before a trial is legally risky. If you fail to invalidate a patent (and you might fail on a technicality like not documenting the prior art in exactly the way the patent office wants to see it), you don't get to bring up that prior art later. Second, good prior art searches (necessary if you want to have the best chance at a challenge) aren't cheap. They could easily waste their effort on patents that turn out not to be an issue at trial (patents that are relatively easy to work around, become less important because of the way the market evolves, dropped during the legal process because they seem to be relatively weaker claims and so on). The companies suing generally throw lots of patents at the wall to see what will stick. There's no sense in helping them sort that out before you have to.