Bruce Johnson wrote:
> On Apr 8, 2009, at 7:30 AM, Dan wrote:
>
> >
> > At 4:43 AM -0700 4/8/2009, Bill Spencer wrote:
> >> http://www.nytimes.com/2009/04/09/technology/companies/09apple.html
> >
> > sigh. Yet-another reason to overhaul the patent system.
>
> Why?
>
> I know this is the knee-jerk reaction any time a patent case comes up
> to court, but there's nothing in this article to indicate that this is
> anything other than a bona-fide patent infringement case instead of a
> submarine patent lawsuit abuse.
I can't speak for Dan, but I have a problem with the fact this
involves Taiwan. As somebody who has argued similar matters from
various angles, I can tell you that Taiwan is an appaling violator of
international IP laws. Because of their... ahem... "unique" status in
the in the international community, they aren't even held to the Berne
Convention. Bottom line is that I'm suspcious when Taiwan cries foul.
Two wrongs don't make a right, but double standards are obnoxious.
>
> If it turns out that Apple's actually infringed Elan's patents,
> they're due compensation; this is the whole POINT of the patent
> system.
In order to get compensation, they first need to be granted the
injunction they're asking for. That's a hard pill to swallow given the
state of the economy, and there's no sure-fire way of knowing they'd
prevail when the case goes to trial.
Plus, this wouldn't be the first time somebody thought they hard a
slam dunk case against Apple.
> More than likely this will turn out to be a case of
> overlapping patents, and they'll enter cross-licensing agreements with
> Apple, just like Elan did with Synaptics.
>
> Now, if it does turn out they have duelling patents, that does
> indicate at the very least, that the Patent Office needs to be beefed
> up, but that's been the case for decades.
>
Actually, the fair thing to do would be to pass a law in Congress
banning Taiwanese-based companies from being granted US patents in the
first place. Until they get the matter straightened out whether they
are an independent country or a "renegade" province of the PRC, the
double standard applied here benefits only one party.
- John
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