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Subject: Re: [topicmaps-comment] RDF and RSS patented by Canadian company?



* Lars Marius Garshol
|
| Indeed. The problem, however, is that this is no help to companies
| who can't afford a lawsuit to contest an invalid patent. The USPTO
| is going to accept the patent first and have victims and patent
| owner fight over its validity later, if necessary.

* James David Mason
|
| Yes, I've supplied expert testimony in those cases in the past.
| However, in this case, the company would have to sue the
| U.S. government itself, since it sponsored the ISO work. Let 'em try
| that for size.

Is that how it works? My understanding was that the patent holder
would approach topic map company X and tell them to pay license fees,
as company X violates the patent. If company X then refuses they are
sued for violation of patent rights, and may in that lawsuit attempt
to contest the validity of the patent.

I am certainly no lawyer, but as far as I can tell the US government
is not involved in a lawsuit of this kind, and so is of no help to
poor company X.

--Lars M.



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