Apple Updates Response in Lodsys Patent Case(macobserver.com)
macobserver.com
Apple Updates Response in Lodsys Patent Case
http://www.macobserver.com/tmo/article/apple_updates_response_in_lodsys_patent_case/
4 comments
> Is it really possible to have a license that says "you can't challenge the validity of lawsuits that stem from patents we own/profit from"?
If you mean "challenge the validity of the patents," then it is absolutely possible, and it is a very common thing to put into a license. You don't want your licensee to insulate himself from suit by signing the license agreement, and then immediately turn around and sue for a declaratory judgment of invalidity. Having this clause puts the spectre of an infringement suit into his head, and it makes him less likely to challenge your patent's validity.
If you mean "challenge the validity of the patents," then it is absolutely possible, and it is a very common thing to put into a license. You don't want your licensee to insulate himself from suit by signing the license agreement, and then immediately turn around and sue for a declaratory judgment of invalidity. Having this clause puts the spectre of an infringement suit into his head, and it makes him less likely to challenge your patent's validity.
[deleted]
It's best to ignore anything coming from FOSSPatents.
Where is the updated response? This article just says there has been an updated response.
[deleted]
Why aren't they just trying to void the damn patent in question?
I would imagine they have a very smart team of lawyers that has informed them that the action they are taking currently is the smartest, quickest, and cheapest way to settle the issue.
“Apple’s license agreement with Intellectual Ventures presumably precludes Apple (and Google) from this unless they risk losing their license to those patents and potentially many others (up to more than 30,000).”
Is it really possible to have a license that says "you can't challenge the validity of lawsuits that stem from patents we own/profit from"?