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Saturday, April 08, 2006 11:21:28 AM
It seems to me that if you license for a patent pool you have no basis in fact of trying to establish the value of the patent based on essentiality. I thought the value was based on what the patent holder wants to charge based on what the market will bare. Essential or not.
I also don't think that Judge's should be determing essentiality. They should remain within the confines of existing law and determine infringement. We are all aware that anyone with the money can find a competent individual to say it is clearly white when it is in fact clearly black. And vice a versa.
So, to me it looks as though the UK is trying to set a new precedent in law in this effort of establishing essentiality. And I am thinking Mr. Justice Pumfrey is sorry he opened up this can of worms. Nokia says it is not essential and IDCC says yes it is. No its not. Yes it is. Not. Is. Is not. Is so. And on and on and on.
But whatever it is that Mr. Justice Pumfrey is going to rule he should get on with it. And as I recall his decision will not affect the essentiality of patents filed in the US of A.
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