Comments of another similar patent situation:
posted on
Apr 08, 2011 02:30PM
Some of the points in this post about another patent situation are very similar to what we have with EDIG. I also post this because of the one line about how named companies have a new patent they are infringing on..... it could be any number of patents but just wondering if it is..................... well, you know who!
Patents are valid. They can be challenged, but the whole point of the patent process is to validate an invention. As ******* found out, ******* will defend their patent and IPR portfolio. Apple, Cisco, Siemens, etc... are using a similar defense and now have a new patent they are potentially infringing on, that touches on tons more products. They are the defendants, NOT *******. As time will show, ******* may be a small company, but this does not minimize the value of their IPR.
As for patents related to technical specifications, that is a whole separate issue. Look up how an essential patent claim to a standards body is handled. There's a process to determine whether a patent is essential or not. However, first and foremost, the fact that it is a patent is very important to a standards body such as ETSI. They will not question the "validity" of a patent, since that's the job of someone like the USPTO. The standard body's job is to figure out if the patent is tied in to a standard or not... i.e. will the IPR block a portion of the standard