Reply to post: Re: Simple solution

Theranos vampire lives on: Owner of failed blood-testing biz's patents sues maker of actual COVID-19-testing kit

SImon Hobson Bronze badge

Re: Simple solution

That would eliminate patent trolls overnight

And also kill pretty well any small business - i.e. a lot of those actually innovating and trying to protect their work from being simply stolen by bigger businesses. For a lot of these, they simply do not have the ability to go from initial idea, through development, and get a commercial product on the market. Once they've had the idea, developed it to the point where they have something patentable - they then need to negotiate with a larger outfit to incorporate that into products.

As pointed out, ARM doesn't make it's own processors. That they licence the tech to others doesn't mean they wouldn't get caught by a "make it or lose it" rule. If you think ahead, as pointed out by another commenter here, all a troll need do is pick on a tiny minnow and "persuade" them to take a licence - then BINGO!, the troll has a licensee and so the "ARM defence" works for them too. A small minnow couldn't afford to take on a troll and win (I've read estimates that it costs around $250,000 to defend AND WIN a patent infringement case in the US) - their only choice would be to take a licence or fold.

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