[android-developers] Re: Recent developments regarding Android (HTC) patent infringement lawsuits

In the past, I have worked as an expert witness in several patent
litigation cases. What happens is that the law firms involved will
hire expert witnesses to do research on these patents, and try to find
prior art that invalidates the patents. If the prior art is strong,
then the plaintiff may drop the case or try to settle out of court.
If the case actually gets litigated, then the patent may become
invalidated, and then could not be asserted against another party in
the future. This is a big risk, so usually, the case will be settled
out of court.

Patent examiners have a limited amount of time to examine a patent
when it is filed, so many if not most patents will not be able to
withstand the scrutiny of several expert witnesses spending hundreds
or thousands of hours searching for prior art.

In short, it is very easy to get a patent granted, and it does not
mean much until that patent is actually challenged in court.

One technique that I often used to find good prior art was to look at
the patents cited, then look those patents up and see what they cite.
It takes a lot of time, but the more time you invest, the more likely
you are to uncover something missed by the original patent examiner.

It also takes a lot of money, which is why this is a game for big
players with deep pockets.

But of course I am not a lawyer, and this just my personal opinion
having seen a little of how these things play out.

-Howard

On Jul 16, 8:52 am, Jim Graham <spooky1...@gmail.com> wrote:
> On Sat, Jul 16, 2011 at 06:28:32AM -0700, rich friedel wrote:
> > Sorry, didn't mean to come across as brash... just meant if you only read
> > the first, which is more of a pop-media take, that you need to read the
> > second article as it gives a deeper look into what is going on.
>
> I just did.  Is today April 1st?
>
> Seriously, if this isn't a joke, well, it is a joke.  EVERY computer
> in the world matches these descriptions in one way or another.  They
> all have a processor, memory, and some sort of programs which control
> their actions on something.
>
> Wham.  Ok, everyone...time to trade in your computers, GPS units,
> phones (sorry, but even an old POTS phone connects to the local
> telco, where they have digital switches that clearly have an input
> and output, a CPU and memory, and programming which acts on an
> item (subscriber calls).  You must replace them all with bricks.
>
> EVERY modern cell phone is toast, according to what I just read.
>
> But, as I said earlier, I AM NOT A LAWYER (which is probably why
> I can see the absurdity of this whole thing).
>
> Later,
>    --jim
>
> --
> 73 DE N5IAL (/4)        | Remember your spelling rules, including:
> spooky1...@gmail.com    |   I before E except after C
> < Running FreeBSD 7.0 > |
> ICBM / Hurricane:       |   BEING a native-born American, I don't
>    30.44406N 86.59909W  |   always notice our WEIRD spelling....
>
> Point Lobos Photography Set 1 (Photo-posters):  http://jdgapps.com

--
You received this message because you are subscribed to the Google
Groups "Android Developers" group.
To post to this group, send email to android-developers@googlegroups.com
To unsubscribe from this group, send email to
android-developers+unsubscribe@googlegroups.com
For more options, visit this group at
http://groups.google.com/group/android-developers?hl=en