Subject: RE: Patent Liability Insurance
From: "Lawrence Rosen" <lrosen@rosenlaw.com>
Date: Mon, 14 May 2007 23:59:36 -0700

Brian Behlendorf wrote:
> I always figured that at some point the cost of patents to the industry as
> a whole (excepting trolls with no other revenue stream) would become so
> burdensome that even traditionally patent-loving firms would petition for
> wholesale effective reform.  It'll be interesting to watch how this case
> plays out:
> 
> http://www.pcmag.com/article2/0,1895,2128829,00.asp

If we worried about every silly lawsuit by people who can afford little more
than the filing fee in federal court, we'd go crazy. Don't bet that a patent
lawsuit can be based on *not* using the technology. 

OTOH, damages based on *not* using reasonably available technology to fix a
bug might (?) be appropriate in some circumstances. I don't see that the
"DMCA or the rights of American Intellectual Property owners" justify that
remedy, though. 

Thanks for sharing this bit of legal trivia. It made me laugh at the
outrageousness of this case. If you personally are served with this
complaint, Brian, call one of us lawyers here to defend you pro bono just
for the publicity value. :-)

/Larry