Friday, March 31, 2006

Crushing the little guy - Hynix - Rambus, Inc. jury may make that tactic costly

A manufacturer makes a product containing the unauthorized use of another's intellectual property. After the patent owner informs the manufacturer that it is infringing, some "infringers" continue to do so knowing that it will be years, if ever, before it will be required to pay for its unauthorized use of the patent.

Some believe this unauthorized use should be thought of as an honest misinterpretation of a patent until a court says otherwise. Others believe it is simply just good business - time management of money and resources. I believe in the concept of innocent until proven guilty but, blatant thievery does not deserve political correctness.

The legal system is slow and the consequences insufficient to discourage a thief from attempting to starve a patent owner for years while crushing him with the expenditure of millions of dollars in legal fees to assert ownership.

Roy Mark, writing a commentary for, cites the case of MercExchange's battle with eBay as an example of a small guy battling the deep pockets of a big guy. The big guy hires top legal guns and lobbying firms. The little guy reads articles about "patent trolls."

Reads too familiar to the shareholders of Rambus, Inc. In a few days, a jury in San Jose, California will have the opportunity to make Hynix pay Rambus and pay dearly for similarly alleged misbehavior . . . just not dearly enough to suit Any Donkey.

Read Mr. Mark's commentary linked here.

Hat tip Joe of the Pinehurst Thread for the link.

1 comment:

Barbara Ann said...

"Touche" Well said, again. It is always interesting to hear your comments "Mr. Donkay"..

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