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I find it extremely dubious that you could actually infringe on a patent merely by using a consumer product. Disregarding this particular patent, is that sort o
by lutorm 14y ago
I find it extremely dubious that you could actually infringe on a patent merely by using a consumer product. Disregarding this particular patent, is that sort of claim actually grounded in fact?
- rst 14y agoWell, if the product's manufacturer has licensed the patent, then the "exhaustion doctrine" generally keeps the patent holder from taking a second whack from people who bought it. That's what ordinarily shields end-users of consumer products from this kind of nonsense. If the manufacturer hasn't licensed the product, though, the users may well be fair game, in the eyes of the law.
- lutorm 14y agoBut end users generally don't know and have no way of knowing what technology is inside a product. That seems pretty sketchy. While it's true that unintentionally infringing on a patent is not an excuse, if I'm liable for someone else's infringing without my knowledge my potential liability is completely unlimited.
- ihsw 14y agoWhether it's grounded in fact has never been relevant because the in-court legal costs will far outweigh settlement -- that is the business model of patent trolling.