Posted on 06/08/2007 10:48:42 PM PDT by gpapa
Paging U.S. Trade Representative Susan Schwab: Please call us on your cell phone. And better do it fast because cell phones may soon be harder to come by thanks to one of the dumber rulings ever by the U.S. International Trade Commission.
(Excerpt) Read more at opinionjournal.com ...
Hmm. It looks to me as if the ITC is actually doing the right job. That a large number of cell phone firms and their customers are benefitting from what has been determined to be patent infringement is PRECISELY all the more reason for the ITC to act. The fact of such a large number of people buying these phnes demonstrates the injury to the plaintiff. Were I the patent holder I’d be happy that the government isn’t selling me down the river just because doing so might be popular.
The Wall Street Journal is saying that it is okay to import products that violate patents as long as it is done by a US company. Why?
Patent Law is stretched so thin there’s no vestige of meaning or rationality in it. It is pure legal rhetoric.
“If there’s no meaning in it,” said the King, “that saves a world of trouble, you know, as we needn’t try to find any ...”
Patents are government-enforced theft. They should not exist.
The point is that this is a dispute between two American companies and their respective patents. We are basically a free market as far as patents go. If I own a patent on a given product or component I can have it made wherever it is legal to do so. The foreign source for the chips is irrelevant as this is not a dumping case, i. e., attempting to corner a market with cut rate prices. USA patent law should take precedent in this case.
Let’s not forget that:
1: Broadcom, the company that owns the tech and the patent - and spent a lot of money creating the tech - is American.
2: Qualcomm, the company that decided to play fast and loose with patents and decided to try to screw Broadcom, is also American - but they shouldn’t be allowed to profit from it.
That, and Qualcomm was busily making partnerships with people like Kyocera and Samsung to make the infringing chips overseas...
What do you mean by that?
another win for china
either our mfg’s make their phones in china and import them here, or we import chinese phones, or don;t have any.
It may be a dispute between two US companies but one of those companies is involved in importing a product that violates a patent. There is no reason the law should not apply. Otherwise, a foreign entity could dodge the law by buying a token front company in the US.
The duplicating of competitors, patent protected product designs is thievery, witness the numerous violations of our patent laws by countries such as China.
That is an extraordinary claim. Defend your position.
Um... Or Qualcomm could stop being a dick and pay up for the licenses on the Broadcom tech that they’ve been stealing for years?
Patents are a contract between an inventor and society. The inventor discloses a new process in exchange for a limited monopoly. If we did not do this many processes would never be developed in the first place or would kept secret forever.
A patent is a document that teaches a novel, useful and non-obvious idea in such a way that anyone skilled in the art can duplicate it.
As such, patent are the engine that drives innovation.
Wow.
That is one of the dumbest things I have read on this site in a long time.
Still, I would like to hear his reasoning behind it.
I recall a case back when we were worried about Japan taking over. There was some guy, an American, who was savvy about patent law, who patented industrial robots by more or less writing documents to the effect, “I patent industrial robots,” which satisfied the letter of patent law. He then waited for others to invent, develop, and utilize industrial robots, and sued them for patent infringement. This was namely the Japanese - Mitsubishi et al. Of course, a US court found in his favor and he walked away with Hundreds of Millions of Dollars. Look it up.
are you nuts, or just Chinese?
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