Warren:
indeed, it does seem strange. why isn't Applix suing THEM for patent infringement?
well, If APLX really feels it has a case in regard to patent infringement against them, I can offer this insight.
I used to hold stock in Inter Digital Communications (IDC). after years in the doghouse trying to make a profit with wireless telephone systems, the company finally decided to go after royalties on technology that the company's founder had patented long ago, and everyone seem to be using gratis notwithstanding the patents.
finally, someone, I guess, got the idea to actually start suing companies for this apparent patent infringement. this technology was now so widely used that if IDC had been successful in achieving judgements, a windfall would come their way--potentially dwarfing current operating profits (or losses).
at first it went very well indeed--and here is the interesting part. they sued a German company and WON IN GERMANY from a panel of Patent Judges. after that several other companies agreed to pay royalties in the wake of this decision, but not, however, a very big potential fish--MOT.
MOT argued that these patents were incorrectly issued as they were based on technology that was already common knowledge (I suppose they meant it would be like if someone tried to patent the wheel because no one else had yet). I thought that this argument was not credible as it sounded like if--that were the case, then MOT should be suing the U.S. Patent Office for the cost in their neglience in issuing a patent wrongfully. I mean, what good is having a patent issued by the U.S. Patent Office if one can't rely on that patent?
despite of the win on foreign ground, in Germany, and despite of my just mentioned reasoning, I was not at all convinced that one could depend on what exactly an American jury would do in such a case. it is just one more example of how absurd our American legal system is when a panel of barbers, hairdressers, accountants or whatever are asked to decide an issue based on complex engineering and patent issues.
therefore, I got cold feet and sold just one day before the verdict came in. (yes, I cut it THAT close! after biting my nails for weeks, I just couldn't take it anymore and I booked!). well, for once I made the right decision. the verdict came in against IDC, and the next day the stock crashed..
the last I heard IDC was appealing to, I believe, this time a three Judge Panel of Patent Judges, or something, and that it was hoped that they would win this time before minds trained in the area. I have not followed the stock and I have no idea where it is now, and what is happening on the patent dispute front.
the point of this digression is that just as IDC won before German Patent Judges, perhaps Applix could too if they really believe that this company is infringing their patents.
anyway, I hope so! at least Applix is not being sued for patent infringement.
best regards |
