[SeaFox]

In reply to:

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you can't invalidate a patent because it's not cutting edge NOW. Invalidation is at the time the invention was filed.

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True. But licencing fees weren't sought for patent use by the original holders (for the precise reason they wanted it to be freely useable), so to have the current holders try to seek infringment damages now should not be allowed. The last holder didn't defend it, so the patent should not be recognised. Which I guess means Forgent spent X million dollars (I forgot the figure) for nothing.

[lhudd]

Well, that's the laches defense MS would have to raise. BTW, Forgent is receiving nice royalties from other outfits that settled and took a license. Also, don't confuse, "never enforced" with "allowed others to infringe." Yeah, it's a blurred legal grey area, but affirmatively telling someone they can use your stuff for free and not suing for infringement are two different things.

[NeoX]

Ahh. Good info, thanks. I obviously know very little of the law...
I do hope that these patent claims do get denied though. JPEG has been in use for so long for free, there has to be some sort of law that supports the free use...
NeoX

[lhudd]

It's doubtful the case will ever get to trial. The filing of the suit in the Eastern District of Texas was most likely a tactic to light a fire under MS. Presumably, they two sides were discussing licensing and MS was stalling. If the patent is a 1987 patent, it expired in 2004. Therefore, for every year they stall in arranging a license, they get to knock a year off their 6 year liability. Forgent probably filed the suit to protect the "back-infringement" they had remaining. The Eastern District of Texas is well known as a favorable court for patent cases, mainly because the judges and clerks are knowledgeable on the subject matter. 99% of the time you get a judge that doesn't know the first thing about patent law. The Eastern Disctrict juries are also thought to be very "plaintiff friendly," making large awards possible. If the case remains in E.D.Tex, expect MS to settle.