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DeerBalls

12/12/18 7:39 AM

#68902 RE: mjfrank #68900

There is not an argument and these are NOT "technicalities"! The USPTO allows and grants patents! The PTAB operates and functions in a totally different arena! THIS IS BASIC!

Grant... Uphold the validity of.. argue the technicalities or try to subvert the arguments stated..

DeerBalls

12/12/18 7:50 AM

#68903 RE: mjfrank #68900

Because someone steals VPLM IP, does not equate to an inability to monetise the patents by licensing them! VPLM WILL PRESENT THEIR CASE IN COURT, WHEN aapl, et al ARE FORCED TO SHOW UP TO COURT!

Seems if this were so cut and dry, aapl, et al would have gone straight to court to have it out????? Rather, aapl, et al have delayed and have done everything they can to put off the court dates!!!?


but it doesn’t change the fact VPLM is unable to monetise the patents by licensing them...


invent4

12/12/18 2:22 PM

#68938 RE: mjfrank #68900

Patent Infringement is dated not from the date of the patent but from the first recorded date of the invention which can be years before publication of the patent grant. My first patent took 4 years to process after conceptualization 1 year earlier. (my granted patents)

It is expensive, slow and very difficult to get a patent as the examiners job is to try to invalidate all the claims, including for causes such as obviousness, common usage, common knowledge, and priority of time. After a costly patent challenge, and if PTAB finally rules for an inventor, its a REALLY BIG DEAL because they often don't.

Even for big company inventors it is difficult, and the system encourages corporate infringements because cheating is often more cost effective than up front deals with IP owners (Previous posted example of SEARS post# 68863).

VPLM went through major proofs of invention with USPTO just to get the patents granted in the first place, and even more with the PTAB hearing officers whose motivation to invalidate exceeds that of the examiners.

If patents got this far through the process, you'd better believe these IPs have merit. Courts typically accept PTAB (the experts) rulings of validity. The following civil trial is then not about validity but whether the inventions were used without authorization, the tactics used to deprive the inventor, and in the case of a finding for infringement, the values of damages and punishment.

If VPLM wins, they don't just collect damages and penalties, they then have a market as potential customers will be forced to realize they have to pay to employ the technology or come up with something altogether different.