I’ve filed for US patents. The Patent Office does bugger all due diligence on prior art, the idea being that this will be sorted out if anyone litigates. I’ve had folks testify for defendants about PA in patent cases.
If someone comes after you for violation of a patent, you quote prior.
What’s astounding about this case is that either Samsung’s lawyers did not do that, or they did and the jury ignored it.
2 responses so far ↓
1 Peter Risdon // Aug 29, 2012 at 7:17 pm
No, that’s a very fine catch.
2 Thomas Gibbon // Aug 30, 2012 at 12:22 am
I’ve filed for US patents. The Patent Office does bugger all due diligence on prior art, the idea being that this will be sorted out if anyone litigates. I’ve had folks testify for defendants about PA in patent cases.
If someone comes after you for violation of a patent, you quote prior.
What’s astounding about this case is that either Samsung’s lawyers did not do that, or they did and the jury ignored it.
Leave a Comment