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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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