Quote:
Originally Posted by Harmon
Actually, that's what can happen, at least in the US.
One defense to a patent infringement suit is that the patent is invalid because the patented idea is not one that should have been patentable in the first place.
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That's true -- I forgot that the option is available because it's used so rarely.
I'd like something a little more cutthroat: You lose and/or have dismissed 3 suits over a certain patent? You automatically lose the patent and it's public domain forever. Would teach companies to not waste the court's time and to pick their battles wisely... But I'm edgy that way.