[Asterisk-Users] Digium and mailing lists

[Steve Underwood]

Kevin Walsh wrote:

>>>Of course I have the funds.  I'd turn up in court on the first day,
>>>state that software and mathematics patents are not legal and the
>>>case would be closed.  In fact, the case probably wouldn't be heard
>>>in the first place - the filing clerk would probably laugh NTT out of
>>>the building.
>>>
>>>      
>>>
>>If you think that, you clearly have not the slightest clue what is
>>involved. The reason really dumb bogus patents are worth getting is
>>because it costs far more to shoot down even the dumbest ones than to pay
>>off the holder.
>>    
>>
>It's not even worth talking to you about this sort of thing, as your
>view is biased toward the US "justice" system.  In England, court
>judgements don't only go to the people who can afford to pay for them;
>Our system is a little fairer than that.
>
>To be specific in the defence strategy, I'd turn up in court and point
>out that software and mathematics patents are not legal.  The people
>who brought the case would have to justify their action by showing that
>their patents are legal.  When it becomes clear that they are not, the
>case would be closed.  The loser would pay the court costs and all
>reasonable costs incurred by the winner, and we'd all be home for lunch.
>
>Now, can you please drop it and get a clue.
>  
>
As I said before, I'm British. I only know the screweyness of the US 
patent system by its reputation. I know a little of how IP law works in 
Britain from actual experience. If you end up in court it is because 
someone has a granted patent, and claim you infringe it. If your defence 
is that you don't infringe the patent, you can have a tough and 
unpredictable time proving it. If you say the patent office were a bunch 
of idiots for ever granting such a bogus patent in the first place, how 
long winded and costly an effort do you think you might be embroiling 
yourself in? You are trying to overturn a decision that is considered to 
have been made after due consideration by the British or EU patent 
office. You aren't going to do that easily. This is why many American's 
are so concerned about how easy it has become to get a patent granted 
there. Whatever you may think of it, it is a legally granted document. 
It gives you the high ground.

I know people who have been involved in trying to shoot down bogus 
patents in Britain. These were hardware patents. They covered blatantly 
obvious and unoriginal things. The patent holders usually win. If you 
don't stand to gain by at least a few million pounds if you win, it 
isn't worth starting out down that path.

Regards,
Steve