Originally posted by Mario
How can a company sue for patent infringement when there is definite prior art?
I believe the same thing happened with the telephone. Two guys were neck and neck (Bell and some other dude), the other dude made a mechanism that he thought didn't work and discarded it. Bell made a similar doo-hickey a short time later and patented it, and it later proved to be intergral in making the telephone a reality. It's not about who made it first, it's about who was smart enough to get it patented.
Originally posted by Mario
Also does this patent not get in the way of technology which is in essence the one thing a patent can not do?!
Henry Ford won in court when he demonstrated that his model T was far superior to the automobile the patent was granted to. WGP's had the patent on their autococker body and front block. AKA, I think, argued that some holes drilled in a block of aluminum was hardly patent worthy. If so, the AKA design was an improvement none the less.
Originally posted by Mario
To be honest the american patent system must suck ass...
Not really. With millions of patents on the books, deciding which have validity and which do not is an impossibility. I really don't think anyone to this point has had the means and/or motivation to fully fight the SP patent. To my knowledge everyone thus far has settled. No one has fought the suit until a decision was made by a judge. It's not the patent, it's the cost of litigation that has made other businesses back down. Now you'll get no argument from me about our suck ass legal system.
Originally posted by Mario
on a side note i know of another company who are preparing a defense against sp.
If I'm right, and no decision has yet been made in all the previous infringement suits SP has filed, this "company" better find out whether AKA is going to go the distance or not. Because once a judge rules on it, there will now be a decision, in addition to the patent, that must be reversed.