dcurrey
Premium
join:2004-06-29
 ·ViaTalk
| reply to priller
Re: Vonage is just the first!!!
If Vonage is using off the shelf hardware and Open source shouldn't Verizion be going after them not Vonage.
Would that not be the equivalent of Company Y saying they have the patents on Gas Caps used in GM trucks then suing UPS for violating the patent. When in fact GM was a fault. (note: I don't know if UPS uses GM trucks or not just an example.) |
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sitrix
join:2002-04-15
Tacoma, WA | Verizon will, they just needed a win against a known company to reinforce their case...  |
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TheBigCheese
join:2002-08-05
Voorhees, NJ
| reply to dcurrey
said by dcurrey  :If Vonage is using off the shelf hardware and Open source shouldn't Verizion be going after them not Vonage. Would that not be the equivalent of Company Y saying they have the patents on Gas Caps used in GM trucks then suing UPS for violating the patent. When in fact GM was a fault. (note: I don't know if UPS uses GM trucks or not just an example.) This is exactly what happens in many patent infringement cases. The law allows the patent holder to go after anyone using the patented idea even users. They will usually sue the users with the deepest pockets. |
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Goober
Premium
join:2000-12-17
Naperville, IL
 ·Comcast
·WOW Internet and C..
1 edit | Yup. Basic patent law statute. The patent holder has the right to exclude others from making, using, selling or importing the patented item.
Typically, the user or buyer has an IP indemnification clause in the buying agreement when it purchases the parts. So, it's usually not terribly expensive for the user to take care of the matter. But, it's enough of an inconvenience to the buyer as to tick them off regarding the seller. So, the seller risks losing the customer's business as to the infringed part as well as any other things it buys from the seller. |
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