Re: Someone owns the patent on putting SMT LED's on a flexible PCB? How can it be?

On Thu, 26 Jul 2007 07:06:37 -0700, ferrari.secret.santa@xxxxxxxxx
wrote:

On Jul 26, 6:48 am, The Real Andy <thereala...@xxxxxxxxxx> wrote:
On Wed, 25 Jul 2007 22:39:36 -0700, "David L. Jones"


Having been involved on the receiving end of a patent infringement let
me tell you that if it has not been published publicly then you are up
for an expensive fight, even if it is blatantly obvious and lacks
novelty.


This is my concern. Patents are cheap to apply for, provided you can
write up the application yourself. The PTO does not publish
applications in time and in a conspicuous manner for people to
challenge them, so lots of bad patents get issued.

But to challenge it after issue is very hard and very expensive. The
fee alone is around $2k if I remember right.

So lets say Joe Blow decides to come up with some sort of flexible LED
array and this patent holder says he will sue... well, if the alleged
infringer is a small company, is he going to fight it? Trying to
overturn the validity of a patent as your defense is possible but it's
not the easiest path and it progresses in conjunction with the
infringement suit - so if you dont get it overturned quickly enough,
then you are still in violation (see RIM/Blackberry). If the alleged
infringer is a big company, then plenty of lawyers will sue on
consignment, so the big co spends lots of $$$ and if they win, they
just get to make less $$, and if they lose they may lose big.

IMO it's a very serious problem.

I would be interested in hearing the outcome in the case mentioned
above. Can you elaborate?

IT was a software infringement. The company that was sued settled out
of court.. Do a google for Jupiters V Neurizon. I hear a lot of law
schools are using that case for education now.
.

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