Re:A patent troll backs off
by AlbertCory on Wednesday October 27, 2021 @10:07PM
(#29021506)
That's what the lawyers always tell you. "Out of an abundance of caution" etc. etc. yada yada yada. Always listen to your lawyers :)
Now, for the reality: I never saw this happen. How would they know you looked at their patent? From your server logs? From the PTO's? Do you think they file discovery on your personal computer? (Just don't send an email about their patent or write anything down about it -- THAT they can track.) Very, very few infringement suits go to trial anyway.
I think the real reason the lawyers tell you this is so they won't have to answer your questions. And because you might misinterpret the claims (not at all a hard thing to do).
If your management and lawyers want to, they can get an official opinion from a lawyer that you're not infringing. That's something you can use.
One reason for the guidance to not read patents is that, at trial, knowingly infringing a patent is much more expensive than unknowingly infringing.