Remind Me: Why Do We Let Patent Lawsuits Go On Even As USPTO Has Doubts About The Patents?
from the shouldn't-things-wait? dept
While plenty of people are familiar with the fact that NTP got $612.5 million from RIM in a patent dispute a few years back (which drew tremendous scrutiny into the realm of patents), one of the most interesting details that many people didn't follow was that at the same time as the lawsuit was going on, the US Patent Office was re-examining those same patents, and issuing rejections of the very same patents. Despite the USPTO even rushing to announce its problems with the patents way ahead of schedule, the judge chose not to wait for the final rejections and pressured RIM into paying up.This sort of thing happens all the time.
For example, just weeks after TiVo was practically dancing in the streets over its latest wins over EchoStar in a patent dispute over basic DVR functionality, the USPTO has given an initial rejection on some of the claims at issue in the case. While TiVo is quick to downplay this as just the first step in a long process (which it gets to respond to), it's being a bit misleading in suggesting that this sort of thing happens all the time. Sure -- it happens a lot, but to questionable patents. It seems that, if the USPTO has agreed to review a patent and clearly the examiners have serous questions about the patentability of certain claims, shouldn't any lawsuits that hinge on those patents be put on hold?
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Filed Under: lawsuits, patents, review, uspto
Companies: echostar, tivo
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3 words
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Good lawyers could vamp for a while, months, maybe a couple of years. But these things can take a long time to turn around.
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So assuming...
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Jesus!
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?
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Without defending the patent process in general, I think it's important to realize that at every step of the process, Echostar has sought to delay the proceedings and extend the trial. Every court ruling has been in TiVo's favor, yet 5 years on Echostar still continues as if TiVo never filed a lawsuit. Now, if this was the first re-examination and was filed promptly when the lawsuit was begun, they would have a stronger case. But filing for a patent reexamination 5 years after being sued looks like yet another delaying tactic. Wash, rinse, repeat.
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Time after time bad decisions have come out of east texas.
So, you suggest that people should just give up.
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a shilling we will go
The PTO grants over 90% of reexam requests within 3 days of submission which is hardly enough time to make a determination of whether or not there is a "substantial new question of patentability" as required by law. The courts are savvy enough to see that the PTO has become a rubber stamp for large corporate infringers (your buddies who pay you to write this BS) and are no longer willing to permit this shell game your buddies like to play so they can steal the creations of small entities.
Patent reform is a fraud on America...
Please see http://truereform.piausa.org/ for a different/opposing view on patent reform.
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Re: a shilling we will go
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Remind Me
The USPTO is composed of individuals of varying competency - you yourself have complained about their foolish approval of "obvious" inventions. Their reviews are frequently flawed and it could be years before such things are resolved. Thus the courts wisely ignore unfinished PTO actions.
You can't have it both ways!
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Re: Remind Me
And yet it's okay to trust their initial decisions, despite the fact that they're done with significantly less oversight?
Yeah, that makes sense...
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East Texas Court Is FAIR
The reason inventors and big companies alike flock to the court is that they do not tolerate the kinds of abuse of the legal system which is the hallmark of the way members of the Coalition for Patent Fairness (aka. the Piracy Coalition)conduct themselves.
Every crook thinks that those who hold them accountable are are nasty but in the end the only ones who are nasty are the thieves.
There would be no need for litigators or courts for patent cases if not for big corporate patent pirates.
Ronald J. Riley,
Speaking only on my own behalf.
President - www.PIAUSA.org - RJR at PIAUSA.org
Executive Director - www.InventorEd.org - RJR at InvEd.org
Senior Fellow - www.PatentPolicy.org
President - Alliance for American Innovation
Caretaker of Intellectual Property Creators on behalf of deceased founder Paul Heckel
Washington, DC
Direct (810) 597-0194 - (202) 318-1595 - 9 am to 8 pm EST.
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Re: East Texas Court Is FAIR
Do you have an ounce of data to back up any of your silly claims?
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Agree with you here
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