Comments on: Lichtman on Patent Holdouts and Safety in Numbers http://techliberation.com/2006/05/17/lichtman-on-patent-holdouts-and-safety-in-numbers/ Keeping politicians' hands off the Net & everything else related to technology Tue, 14 Feb 2012 12:51:08 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: tramadol http://techliberation.com/2006/05/17/lichtman-on-patent-holdouts-and-safety-in-numbers/comment-page-1/#comment-33512 tramadol Sun, 21 Jan 2007 23:42:20 +0000 http://techliberation.com/2006/05/17/lichtman-on-patent-holdouts-and-safety-in-numbers/#comment-33512 <p>81e31de21f46 Great work <a href="http://www.abc-acupuncture.com/baxqorav" rel="nofollow">tramadol</a> tramadol</p> 81e31de21f46 Great work tramadol tramadol

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]]> By: Steve R. http://techliberation.com/2006/05/17/lichtman-on-patent-holdouts-and-safety-in-numbers/comment-page-1/#comment-54093 Steve R. Fri, 19 May 2006 21:44:55 +0000 http://techliberation.com/2006/05/17/lichtman-on-patent-holdouts-and-safety-in-numbers/#comment-54093 <p>The Electronic Frontier Foundation (May 18, 2006) had this quote from Justice Kennedy's on the Ebay lawsuit.<br><br>"An industry has developed in which firms use patents not as a basis for producing and selling goods but, instead, primarily for obtaining licensing fees. . . . For these firms, an injunction, and the potentially serious sanctions arising from its violation, can be employed as a bargaining tool to charge exorbitant fees to companies that seek to buy licenses to practice the patent."</p> The Electronic Frontier Foundation (May 18, 2006) had this quote from Justice Kennedy’s on the Ebay lawsuit.

“An industry has developed in which firms use patents not as a basis for producing and selling goods but, instead, primarily for obtaining licensing fees. . . . For these firms, an injunction, and the potentially serious sanctions arising from its violation, can be employed as a bargaining tool to charge exorbitant fees to companies that seek to buy licenses to practice the patent.”

]]> By: Steve R. http://techliberation.com/2006/05/17/lichtman-on-patent-holdouts-and-safety-in-numbers/comment-page-1/#comment-33510 Steve R. Fri, 19 May 2006 20:44:55 +0000 http://techliberation.com/2006/05/17/lichtman-on-patent-holdouts-and-safety-in-numbers/#comment-33510 <p>The Electronic Frontier Foundation (May 18, 2006) had this quote from Justice Kennedy's on the Ebay lawsuit.</p> <p>"An industry has developed in which firms use patents not as a basis for producing and selling goods but, instead, primarily for obtaining licensing fees. . . . For these firms, an injunction, and the potentially serious sanctions arising from its violation, can be employed as a bargaining tool to charge exorbitant fees to companies that seek to buy licenses to practice the patent."</p> The Electronic Frontier Foundation (May 18, 2006) had this quote from Justice Kennedy’s on the Ebay lawsuit.

“An industry has developed in which firms use patents not as a basis for producing and selling goods but, instead, primarily for obtaining licensing fees. . . . For these firms, an injunction, and the potentially serious sanctions arising from its violation, can be employed as a bargaining tool to charge exorbitant fees to companies that seek to buy licenses to practice the patent.”

]]> By: Tim http://techliberation.com/2006/05/17/lichtman-on-patent-holdouts-and-safety-in-numbers/comment-page-1/#comment-54092 Tim Thu, 18 May 2006 22:14:56 +0000 http://techliberation.com/2006/05/17/lichtman-on-patent-holdouts-and-safety-in-numbers/#comment-54092 <p>Ah, but the judge didn't shut down BlackBerry. And I suspect that--outrageous as the final settlement was--it would have been much higher if NTP really believed it had the capacity to do so.<br><br>Indeed, I suspect the size of the award was based largely on the judge's perception that RIM had acted in bad faith during previous phases of litigation. I remember reading accounts of the judge being exasperated by the subbornness demonstrated by both sides. I think the ultimate constraint on these sorts of awards is the patience of the judge(s) who would be issuing the injunction.</p> Ah, but the judge didn’t shut down BlackBerry. And I suspect that–outrageous as the final settlement was–it would have been much higher if NTP really believed it had the capacity to do so.

Indeed, I suspect the size of the award was based largely on the judge’s perception that RIM had acted in bad faith during previous phases of litigation. I remember reading accounts of the judge being exasperated by the subbornness demonstrated by both sides. I think the ultimate constraint on these sorts of awards is the patience of the judge(s) who would be issuing the injunction.

]]> By: Tim http://techliberation.com/2006/05/17/lichtman-on-patent-holdouts-and-safety-in-numbers/comment-page-1/#comment-33509 Tim Thu, 18 May 2006 21:14:56 +0000 http://techliberation.com/2006/05/17/lichtman-on-patent-holdouts-and-safety-in-numbers/#comment-33509 <p>Ah, but the judge didn't shut down BlackBerry. And I suspect that--outrageous as the final settlement was--it would have been much higher if NTP really believed it had the capacity to do so.</p> <p>Indeed, I suspect the size of the award was based largely on the judge's perception that RIM had acted in bad faith during previous phases of litigation. I remember reading accounts of the judge being exasperated by the subbornness demonstrated by both sides. I think the ultimate constraint on these sorts of awards is the patience of the judge(s) who would be issuing the injunction.</p> Ah, but the judge didn’t shut down BlackBerry. And I suspect that–outrageous as the final settlement was–it would have been much higher if NTP really believed it had the capacity to do so.

Indeed, I suspect the size of the award was based largely on the judge’s perception that RIM had acted in bad faith during previous phases of litigation. I remember reading accounts of the judge being exasperated by the subbornness demonstrated by both sides. I think the ultimate constraint on these sorts of awards is the patience of the judge(s) who would be issuing the injunction.

]]> By: Luis http://techliberation.com/2006/05/17/lichtman-on-patent-holdouts-and-safety-in-numbers/comment-page-1/#comment-54091 Luis Thu, 18 May 2006 13:53:49 +0000 http://techliberation.com/2006/05/17/lichtman-on-patent-holdouts-and-safety-in-numbers/#comment-54091 <p>The contention that no judge would stop the sales of all DVD players seems overly optimistic to me, given that it was exactly the threat of an injunction to stop operation that forced Blackberry to kowtow, despite the federal government saying that a blackberry outage would threaten the ability of the government to function- something they'd never say about DVD player sales.<br><br>Otherwise, mostly a very solid-looking analysis.</p> The contention that no judge would stop the sales of all DVD players seems overly optimistic to me, given that it was exactly the threat of an injunction to stop operation that forced Blackberry to kowtow, despite the federal government saying that a blackberry outage would threaten the ability of the government to function- something they’d never say about DVD player sales.

Otherwise, mostly a very solid-looking analysis.

]]> By: Luis http://techliberation.com/2006/05/17/lichtman-on-patent-holdouts-and-safety-in-numbers/comment-page-1/#comment-33508 Luis Thu, 18 May 2006 12:53:49 +0000 http://techliberation.com/2006/05/17/lichtman-on-patent-holdouts-and-safety-in-numbers/#comment-33508 <p>The contention that no judge would stop the sales of all DVD players seems overly optimistic to me, given that it was exactly the threat of an injunction to stop operation that forced Blackberry to kowtow, despite the federal government saying that a blackberry outage would threaten the ability of the government to function- something they'd never say about DVD player sales.</p> <p>Otherwise, mostly a very solid-looking analysis.</p> The contention that no judge would stop the sales of all DVD players seems overly optimistic to me, given that it was exactly the threat of an injunction to stop operation that forced Blackberry to kowtow, despite the federal government saying that a blackberry outage would threaten the ability of the government to function- something they’d never say about DVD player sales.

Otherwise, mostly a very solid-looking analysis.

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