 peerimpact
join:2005-11-07
Londonderry, VT
| Free Trade Agreement That's what the US gets for getting counties like Australia signing Free Trade Agreements and making those countries enact similar Intellectual Property laws that can be possibly applied in the US courts.
The CSIRO waited until the Free Trade Agreement was finalised to go after Buffalo and other companies already pay them licensing fees . | |
| russotto
join:2000-10-05
Collegeville, PA
| Why patent law sucks A reading of this decision demonstrates quite well why patent law sucks. When the judge was going over the reasons he wouldn't find the patent invalid, any small difference between the prior art and the patent was sufficient to find the patent valid. And further, Buffalo had to prove with clear and convincing evidence (the highest civil standard) that the patent was invalid.
On the other hand, when Buffalo was claiming that its product didn't infringe, CSIRO was able to claim that the difference between Buffalo's product and its patent was insignificant, and they only had to prove infringement by a preponderance of the evidence (the lowest civil standard).
With the law stacked against the alleged infringer this way, there's little chance of defense. Buffalo could have theoretically exactly implemented the prior art and been found infringing -- because in the first phase, the differences between the prior art and the patent would be considered significant, and in the second phase they'd be considered significant. | |
|  | JimF
join:2003-06-15
Allentown, PA | Re: Why patent law sucks No, if they implemented the prior art, it would not be infringing under any standard. | |
| 
Transmaster
Don't Blame Me I Voted For Bill and Opus
join:2001-06-20
Cheyenne, WY
 ·Qwest.net
2 edits | This is what happens when.....
The Small Patent Holder starting to munch down on the big boys. | 
The Giant corporation eating up everything it wants. About to be nibbled on. |
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The older I get the more I prefer the company of my dogs over that of man kind. | |
| 
insomniac84
join:2002-01-03
Schererville, IN | Stupid judge? "The patent describes multipath transmission of data at frequencies higher than 10 GHz"
Wifi is 2.4ghz. | |
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Australian Agency Wins Wi-Fi Lawsuit in U.S.