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Someone educate me:

If Company A holds a patent and knows that Company B is infringing but does nothing about it is their a statue of limitations?

1 posted on 10/05/2007 10:57:07 AM PDT by N3WBI3
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To: N3WBI3; ShadowAce; Tribune7; frogjerk; Salo; LTCJ; Calvinist_Dark_Lord; amigatec; Fractal Trader; ..

OSS Ping..


2 posted on 10/05/2007 10:57:28 AM PDT by N3WBI3 (Ah, arrogance and stupidity all in the same package. How efficient of you. -- Londo Mollari)
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To: N3WBI3
As I understand it, no.

In fact many companies have intentionally done this kind of thing. It's called a submarine patent.

You patent something quietly and submit it to a standards board. When lots of people are using it then you spring your patent on them and start collecting.

The JPEG patent was one such case.

3 posted on 10/05/2007 11:18:43 AM PDT by Knitebane (Happily Microsoft free since 1999.)
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To: N3WBI3
If Company A holds a patent and knows that Company B is infringing but does nothing about it is their a statue of limitations?

As a set amount of time in law, no (assuming the patent doesn't expire). But a company that sat on the knowledge too long might not do well in court under the legal doctrine of laches -- creating unfairness through delay.

5 posted on 10/05/2007 1:34:17 PM PDT by antiRepublicrat
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