SV: Re: [sdiy] Flash Drive with Floppy Interface?

[Rainer Buchty]

On Mon, 4 Jun 2007, Scott Gravenhorst wrote:
> 
> My question still remains, why does it matter if the patent holder is 
> financially able to defend it?

Unfortunately, it does.

It's tactics which work all in favor of the big companies (BC).

(1) BC violates (knowingly) a patent. Because the patent holder is 
unable to defend himself properly and fight to the end -- which may 
easily take several years -- he may not be willing to fight at all. Or 
get bankrupt in between, then BC buys his assets for far less than a 
proper licensing agreement would have cost.

(2) Small company violates some vanilla patent, so that BC as the 
rightholder goes after them. Because SC has not the money to fight the 
vanilla patent or just can't wait until the patent is revoked, they will 
pay -- or go bancrupt.

(3) BC vs. BC: ok, you license this from me, therefore I license that 
from you. Let's have some coffee.


But I agree with you, that it should not matter and everybody should 
play nicely. When it comes to trivial patents, however, I don't see a 
reason to play nicely. Especially, since trivial patents are all set up 
for (2) and (3).

Rainer