Re:Amazon met with startups about investing, then launched c...
by jburgess777 on Thursday July 23, 2020 @07:57PM
(#23934152)
What I was told is that if you research the patent and aware of its existence then you may be guilty of willful enfringement with treble the normal penalties:
https://www.jonesday.com/en/insights/2016/06/supreme-court-u...
https://www.ip-watch.org/2016/07/26/us-high-court-restores-t...
Re:Amazon met with startups about investing, then launched c...
by jacques_chester on Thursday July 23, 2020 @11:00PM
(#23935257)
More precisely, a standing policy that researching patents is forbidden is prima facie evidence that your employees couldn't have possibly known about an existing patent. That means that a plaintiff suing for willful infringement will need to find evidence that someone went out of their way to ignore the policy. That might be quite difficult.
(Of course: not a lawyer, this is not legal advice)
Re:Amazon met with startups about investing, then launched c...
by jbay808 on Saturday July 25, 2020 @02:30PM
(#23951375)
Wow, I'm amazed that this would hold up. That's like saying that if I drive with a blindfold on, I couldn't possibly have willfully caused an accident because, as a matter of policy, I couldn't have been aware of the other cars on the road.
Re:Amazon met with startups about investing, then launched c...
by jacques_chester on Saturday July 25, 2020 @08:38PM
(#23953487)
A more accurate analogy is a company policy that strictly prohibits driving.
There's no legal reason to worry about being influenced by a patent. The only concern might be boxing your creativity where you can't think of alternative solutions to a problem once you've seen one solution. That doesn't seem like a strong enough reason for a blanket policy.
IANAL but this confuses me.