Apple Sued For Patent Infringement Because Others Have Turned iPhone Into Ebook Reader
from the how-does-that-make-sense dept
Despite Steve Jobs' proud promotion of the 200 patents Apple has around the iPhone, there's been no shortage of patent infringement lawsuits filed against the company. The latest (sent in by Jon) involves a company suing Apple for daring to promote the iPhone as an ebook reader, noting it holds a patent on An Electronic device, preferably an electronic book. So apparently the fact that others, by creating software to do the rather obvious thing of allowing people to read digital ebooks on their iPhones, Apple is now getting sued?Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Re: Inducment
> is an assertion of inducement of patent
> infringement 35 USC § 271(b).
So what are they arguing? That Apply shouldn't even be allowed to make iPhones because that might tempt others to use them to read books electronically?
This stupid shit has got to stop.
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Of course the Masnicks always need to take a position which is aligned with the currently successfull and wealthy.
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Re:
Besides a patent on a e-book is utterly ridiculous anyway.
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I suspect on that basis along apple will skate, because the Iphone isn't sized to display a book page in a normal size (it's smaller than a paperback).
However, Amazon might want to watch out ;)
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Brag, and reap the consequences.
Just desserts.
And who said patents helped innovate an industry again?
I'm still waiting for proof on this one.
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Re: Brag, and reap the consequences.
I'm still waiting for proof on this one.
See the pharmaceutical industry.
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Re: Re: Brag, and reap the consequences.
But not the healthcare industry.
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Re: Re: Re: Brag, and reap the consequences.
Would you rather have expensive medicine or no medicine?
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Re: Re: Re: Re: Brag, and reap the consequences.
http://pubs.acs.org/cen/news/85/i06/8506notw8.html
innovation, yeah, right.
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Re: Re: Re: Re: Re: Brag, and reap the consequences.
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Re: Re: Re: Re: Re: Re: Brag, and reap the consequences.
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Re: Re: Re: Re: Re: Re: Re: Brag, and reap the consequences.
India's been 3rd world for centuries, rigid cast system, no movement or creativity anywhere. Now they are being westernized, social barriers are falling, and innovation is starting to take place. $1500 car, anyone?
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Re: Re: Re: Re: Re: Re: Re: Re: Brag, and reap the consequences.
As for "Now they are being westernized, social barriers are falling, and innovation is starting to take place," all those things (except for the *cough, cough* "innovation") have been happening for decades. I wonder what being "westernized" (whatever that means) has to do with patents or innovation?
So, do you use meth much?
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Re: Re: Re: Re: Re: Re: Re: Re: Brag, and reap the consequences.
Indeed, and part of that so-called westernization is the implementation of a patent system.
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Re: Re: Re: Re: Re: Brag, and reap the consequences.
Do you know what would have been more costly of lives? The absence of the medicine itself. When countries like Thailand do things like this, it discourages the producers of innovative medicine from distributing said medicine to those countries.
Yes, manufacturing medicine is cheap. Inventing medicine, however, is extremely expensive. So unless you can figure out a way to inventing medicine cheaply and quickly, you're not going to get companies to discover new medicines without offering some intellectual property protection.
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Re: Re: Re: Re: Re: Re: Brag, and reap the consequences.
Lessee here..
I have medicine X that cures cancer. I spent 10 billion dollars developing it. It can be manufactured for pennies. I can take 2 approaches..
I'm going to sell it at 1 billion dollars cause that way I only have to sell 10 to make my money back.
I'm going to sell it at 10 dollars because I only have to sell a billion to make my money back. That seems like a high number to sell but the money is recovered quicker and continues to sell at a decent rate because it's cheap and people will still continue to develop cancer since it's not a cancer vaccine.
So let's take your approach when you develop cancer so I can shift to my model after you're dead and you don't matter any more.
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Re: Re: Re: Re: Re: Re: Re: Brag, and reap the consequences.
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Re: Re: Re: Re: Re: Re: Re: Re: Brag, and reap the consequences.
Someone needs to tell Mr. ehrichweiss that he's entitled to his own opinion, but not his own facts.
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Re: Re: Re: Re: Re: Re: Re: Re: Brag, and reap the consequences.
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Re: Re: Re: Re: Brag, and reap the consequences.
I still think it's unfair that Americans pay more for American made drugs than anyone else
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Re: Re: Re: Re: Re: Brag, and reap the consequences.
Then talk to your Congressman. In any event, this belief has nothing to do with whether patents spur innovation.
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Re: Re: Re: Brag, and reap the consequences.
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Re: Re: Brag, and reap the consequences.
Bad example, as pharmaceutical companies are patenting designs not even conceivable with current methods.
If anything, it's setting health care back, not forward.
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Re: Re: Re: Brag, and reap the consequences.
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Re: Re: Re: Re: Brag, and reap the consequences.
Without a patent system, ideas might not be made public in this manner. Inventors and scientists would be shy to speak about their new ideas in case someone else ripped them off before they could come to market or develop a use. So without patents, many of these ideas would be buried, except for those that could get financed.
So in many ways you have to look from the point of patent backwards to see the benefit, rather then from the moment of patent forwards.
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Re: Re: Re: Re: Brag, and reap the consequences.
Company "X" just filed a patent on a drug which adds amino acids to DNA to prevent future cases of children born with Downs Syndrome.
That's made up, but as an example, this can't even be done now, as DNA technology is still evolving.
Company "Y" just completed its R&D on adding amino acids to DNA. But, it can't do anything with it because of the patent from Company "X", which didn't even have the product to begin with.
Who loses: Everyone.
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Re: Re: Re: Re: Re: Brag, and reap the consequences.
Company X is happy because they get return on all the money and time spent to develop the original patent.
Company Y is happy for the same reasons.
The "masnick effect" has you thinking that patents are a solid wall. They are not. They don't stop things dead - they just reward the people who got there first. After all, if company X was producing a product, there would be no need for company Y to license from them (but in pharma they often do).
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Re: Re: Re: Re: Re: Re: Brag, and reap the consequences.
So that $300 pill just increased to $400.
Can't you see all the licensing system does is circumvent the patent system?
Then why have a patent system in the first place?
Again, the original question stands: How does a patent help with innovation?
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Re: Re: Re: Re: Re: Re: Re: Brag, and reap the consequences.
Patent owners are free to do with their patents as they like. Does the fact someone can rent their home out to someone undermine the concept of home ownership?
"How does a patent help with innovation?"
I find it difficult to comprehend how people who are clearly very intelligent wrestle with this question. To further the home ownership analogy: would you spend money to improve your property if you knew that if you left your house for even a moment that a squatter could come in and assert ownership of it?
It costs a lot of money to develop pharmaceutical technologies. If people are not assured a means of recouping the money spent on research and development, then they will not choose to engage in such activities... leaving us all worse off.
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Re: Re: Re: Re: Re: Re: Re: Re: Brag, and reap the consequences.
I love it when people use analogies to make a point, which indirectly defends mine.
:)
First, the house is a tangible product. It's there. You can do whatever you want with it. However, my example is based on the idea of a house.
If I patent an idea for a 7 bedroom, yellow-bricked house, but choose not to build it, how did I innovate? I didn't build a damn thing!
would you spend money to improve your property if you knew that if you left your house for even a moment that a squatter could come in and assert ownership of it?
Again, the house is tangible. I can fully understand this analogy, if, and only if, the product in question exists.
Let's continue your analogy:
I'm a squatter, watching "Flip this house", and I remodel a home only to find I can't sell it because you own the patent on it but didn't build it (or have no plans to).
How is this innovative?
It costs a lot of money to develop pharmaceutical technologies.
But therein lies the problem: It doesn't have to be.
I would venture to say some of this cost is due to the very patent system when a company innovates, while another waits for it to happen, cashing in for doing nothing at all.
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Brag, and reap the consequences.
In this way, a system of patents creates innovation in the same way that any other form of ownership fosters the productive use of goods.
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Re: x8: Brag, and reap the consequences.
Not true, I picked up on it clearly. It is you who have skirted this issue about patent innovation.
I can fully understand a patent on a product in development or even one that has been produced.
But not one in which only an idea is patented, but nothing comes from it aside from legal issues from companies who do innovate, but don't want to spend hundreds of thousands of dollars trying to determine if their product violates a patent.
Again, even in the pharmaceutical industry, patents don't instill innovation. There's nothing stopping any company from developing a product.
But I would definitely say the opposite is true once a company determines a patent exists owned by another.
That's not innovation. That's stifling.
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Re: Re: x8: Brag, and reap the consequences.
I don't mean to sound trite, but I believe our impasse is a result of your lack of understanding of the patent system. One cannot get a patent on an "idea" -- one can only get a patent on particular embodiment of an idea. Moreover, the embodiment must relate to a process, machine, manufacture, or composition of matter. An abstract idea is not patentable.
It is true that non-practicing entities can obtain patents even though they have no intention of ever practicing the art. In some circles these parties are known as patent trolls. I submit that there is a problem in this area, but other experts in the area fundamentally disagree.
With all that said, you are arguing about an issue on the margin. Yes, there is certainly some patent misuse out there. However, that does not undermine the fact that overall patents serve as a tremendous incentive for innovation.
Your argument seems to be all over the map. In one breath you are saying that the ability to license ones patents "undermines the patent system." In the next, you suggest that the existence of a blocking patent stifles innovation. Your argument lacks consistency and coherence.
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Brag, and reap the consequences.
- You cannot patent an idea; ideas are specifically listed as non-patentable per patent law.
- Innovation is, by definition, anything new. All patents, by definition, are innovations, though the converse is not necessarily true.
I'm a squatter, watching "Flip this house", and I remodel a home only to find I can't sell it because you own the patent on it but didn't build it (or have no plans to).
Wait a moment. You "remodeled" a home? So the home already exists, which means that either the home was licensed or did not violate the patent in the first place. I see no issues here. You remodel a patented house that you purchased. Guess what? Patent exhaustion applies. The house is yours to resell, even with remodeling.
I would venture to say some of this cost is due to the very patent system when a company innovates, while another waits for it to happen, cashing in for doing nothing at all.
Who is cashing in for doing nothing at all? Not the patentee, because they spent the money to develop a product. If anything, it is the copier who is cashing in on the abilities of someone else.
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Brag, and reap the consequences.
The $300 pill is a lie, it never happened.
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Re: Re: Re: Brag, and reap the consequences.
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Re: Re: Brag, and reap the consequences.
I'm not even saying there isn't any, just... where is it?
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Re: Re: Re: Brag, and reap the consequences.
Of course, a number of anti-IP people claim that patents "destroyed" the innovative (meaning really good copier) Italian drug industry. If your only ability is to copy well, you should anticipate that eventually someone will figure out how to slow you down, or will find a way to "innovate" around your services.
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Re: Re: Re: Brag, and reap the consequences.
I'm not even saying there isn't any, just... where is it?
It is found by comparing the countries that have a patent system versus the countries that do not, and then examining the volume of medical or pharmaceutical research that takes place in those countries. Of special relevance is the amount of research that is done by private entities in said countries.
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Saw the patent
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Uhh
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Holy Cow
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Re: Holy Cow
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Umm...Palm OS phones?
Looking at the patent, it appears (first claim) that the touch screen and connectedness are what they are going to have to claim on. Though, the patent does say 'said display has dimensions such that one page of a book can be displayed at a normal size', which the iPhone clearly isn't big enough for.
I'll be interested in how this plays out, but I think these guys may be reaching a bit.
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Award to the defendant
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Yes, manufacturing medicine is cheap. Inventing medicine, however, is extremely expensive. So unless you can figure out a way to inventing medicine cheaply and quickly, you're not going to get companies to discover new medicines without offering some intellectual property protection."
I agree with Wilton. And to answer his second statement about figuring out a way to invent medicine cheaper, that's really quite easy. Get rid of the FDA. There ya go, much more inexpensive drugs and research, much less people dying along with the terminally ill having the ability to try experimental drugs.
I guess this discussion of health care is going way off topic though, sorry to add to the digression.
And to ehrichweiss, you can't possibly begin to try and understand the financial aspects of developing drugs or how a company attempts to recoup the costs in order to pay its employees and have the ability to invest in more life saving or life enhancing drugs in the future. None of us here can for that matter.
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Re:
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mechwarrior
Maybe you can give some factual examples of these poor nations that are suffering because they don't have an FDA type of organization set up? I'll bet that they do have some sort of government body that's supposed to "protect the people", but they do a horrible job at it because most poor nations have a very different idea of liberty, freedom and the rule of law than we do here in the U.S.
With all due respect, to say that getting rid of the FDA would make our country just like a poor nation is quite absurd.
To answer your question directly I have no idea if removing the FDA would increase or decrease the amount of pirated medications. But as I mentioned, pirated medications would still be against the law, whether or not you have the FDA in place. And even with the FDA in place you still have pirated medications, correct? You said so yourself in your statement of poor nations suffering from said problems.
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such a nonsensical patent
They are both devices that have an LCD display and can read eBooks at a normal book size.
This sort of thing really bugs me about patents. It's like people are just pulling patents out of their ass nowadays. Seriously? Patenting the concept of displaying a type of digital medium on a certain device with an LCD display? How in the hell would anyone with half a brain stem pass this patent?
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As far as pharmaceutical companies, which do you think would make more money?
A single pill to cure cancer or a pill that just keeps it at bay and it requires you take 3 a day or it comes back.
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Re:
A single pill to cure cancer or a pill that just keeps it at bay and it requires you take 3 a day or it comes back.
Assuming that both were out there, the former, as it obviates the need for the latter, and patients would naturally buy the former over the latter. I promise you that if a company invented a cure for cancer, it would make a killing through the sale of the cure and drive the cancer treatment medicines into obsolescence. Your cynicism lacks an intelligent basis.
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Re: Re:
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Re: Re: Re:
If there were no other competition, I suppose the treatment. But we don't live in a society where there is no other competition. If Company A developed a cure and a treatment and decided to sell the treatment but keep the cure a secret, then Company A has abandoned it's right to patent the cure, thereby allowing Company B to develop the same cure and compete with the treatment.
The only reason they would even release the cure is for fear of a pitchfork-wielding mob burning down their HQ if word got out they were sitting on it. If they thought they could get away with patenting the cure and only selling the treatment, they would. IMO.
I suppose so, but that's just it: they'd never get away with it. When you patent an invention, you are making the invention publicly known. I don't understand why the company would patent the cure (and this assumes that there is only one cure) if the goal was to keep it under wraps. I guarantee you that the day a patent issues on a cure for cancer, it will make headline news, and that would trigger the pitchfork-wielding crowd of which you speak, many of which being members of Congress.
In any case, it's a hypothetical that has no basis in reality because so far we have treatments for cancer but no cure. If a cure for cancer actually were patented, we'd all know about it. The fact that it's not patented is reason to believe that it's either being kept secret (highly unlikely) or has not been invented yet (very likely). And the moment that a company does invent a cure for cancer, it will hit the market the day the FDA issues an approval for the reasons I mentioned above.
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Still off-topic
Large companies are slow moving and have a lot of waste. They are also able to hire teams of lawyers and present legal obstacles to their competitors. Arguably they need the protection of patents less.
If the patent system works for encouraging innovation, there would be lots of little drug companies, where one or two chemical engineers had a good idea. So, my question is simply, where are all the little drug companies?
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Re: Still off-topic
Also, the procedure for testing a new drug now is so significantly expensive and complicated that no small company can take anything to market that easily. Most of what you see today is small / individual labs developing basic ideas, and then selling those basic ideas on to the major companies that work on them. You don't see these little labs mostly because their names aren't on the label of what you get at the pharmacy.
In the end, it actually has little to do with patent, and more about testing, liablity, and the cost of development overall.
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Fudge
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Re:
As per Webster's, the word "invent" means "to produce (as something useful) for the first time through the use of the imagination or of ingenious thinking and experiment."
If you are a second "independent inventor," you are not producing something for the first time, and therefore not an inventor.
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Re:
If I worked really hard (I have no pharma background) I am sure that I could come up with a really good pain reliever. Let me call it, I dunno Acetaprin. I have no knowledge of pharma, so when I learn, do I suddenly get to usurp existing patents because I could come up with it too?
No.
All sorts of different medical advancements are the result of costly, intense, and painstaking research and testing, billions of dollars are spent each year almost totally at risk, with the knowledge that a hit on something like Viagra or the next good heart medication will pay off those research dollars and probably finance the next batch too. Without that assurance, nobody is going to put money on the table.
Don't let your hatred for a very few parts of the system make you blind to the realities of how we got here, and how we all grandly benefit from it.
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A new analogy
Ex.1 (w/stringent patents) -- X and Y are both developing an app that is able to list all the pizza offerings in a neighborhood. They know about each other, so they race to the finish line. X gets their first and announces the app, is awarded a patent, and informs Y. Y goes home and plays with his wang while crying.
Ex.2 (w/o stringent patents) -- X and Y are both developing an app that is able to list all the pizza offerings in a neighborhood. They know about each other, so they race to the finish line. X gets their first and announces the app. Y looks at what they've done, and then alters their app so that you can see the list & order off of it. X begins to lose market, so they add on to THEIR app the ability to apply e-coupons. X begins to regain their share. Y sees this, knows it has to keep competing, and allows all of the previous plus the ability to add special instructions to their order. And on, and on.
Less stringent patents don't hurt innovation, they force companies to compete, thereby increasing their need for innovation or they'll have to go away. And they CAN'T go away, not all of them at least, because you have to make money SOMEWHERE, don't you?
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Re: A new analogy
It's the biggest mistake in assuming that some sort of copyright or patent would kill this sort of concept. If that was the case, there would be only one internet browser, one book store, one news site, one sports site, and one (incredibly boring) blog about technology.
You can only patent in theory what is new, unique, and not subject to prior art. A database of pizza places, a website, and all those other things are all well covered by prior art.
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Re: A new analogy
(w/o stringent patents) Let's say that your pizza places are two mechanical equipment manufacturers. X develops a mechanism that yields a 50% increase in fuel efficiency, at a cost of $100 million. Of course, it takes time to prove the invention out, and by the time the tests are done Y has obtained a prototype and reverse engineered it for $10 million. Because Y has less invested, saving $90 million, they can undercut X and they immediately gain a huge chunk of the market.
X tries again, this time developing a new car air conditioner that uses only 30% of the energy normally required for a car air conditioner. It took 5 years and $100 million dollars to develop. Company Y purchases one of the first units and reverse engineers the new air conditioner for $5 million in one year, thus saving $95 million in development costs, enabling them to undercut X by 10%.
X continually develops new innovations, each time copied at significanlty less cost by Y. Eventually, customers, realizing they will save 20% or more on Y's version, just wait for Y to copy X's new inventions (innovations). However, X finally throws in the towel, realizing they are continuously losing market share to Y, who forever makes products cheaper because their development costs are a fraction of X's. Eventually, both industries switch from invention to innovation, focusing on trivial improvements that require little investment and gain fast payback, and the mechanical industry of X and Y stagnates, and invention becomes insignificant.
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Re: Re: A new analogy
It's a long story, but you really need to learn how patents are submits and granted, what the process looks like, and how in your example Company Y could find themselves massively liable as a result.
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Re: Re: Re: A new analogy
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patenting idea
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