Re:How broken is the USPTO: How is this a patent
by CamperBob2 on Sunday August 12, 2018 @05:52PM
(#17746615)
Seems to me that intentional infringement should be the only path available to plaintiffs. If the next person who has the same problem arrives at a similar solution without needing to refer to the patent's teachings, then society arguably obtained no benefit from granting the first person a temporary monopoly.
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Re:How broken is the USPTO: How is this a patent
by euyyn on Sunday August 12, 2018 @06:01PM
(#17746660)
Hard to prove that I didn't read a document that is intentionally made publicly available.
Re:How broken is the USPTO: How is this a patent
by CamperBob2 on Sunday August 12, 2018 @06:05PM
(#17746682)
Very true, but that doesn't invalidate the point in the slightest.
Given that intentional infringement awards are trebled, plaintiffs have a huge incentive to accuse defendants of it. If any patent attorneys are reading this, can you cite any statistics regarding what percentage of cases end up with a finding of intentional infringement?