Puhleaze, if you ever had a clue about patent strategies you'd know just about
any well documented application that doesn't set off alarm bells will - given
the required financial support throughout the process - gain a patent.
The real proof of a patent is how the claims are defended at trial.
And so far Rambust's track record on that score is pretty bad.
As for our illustrious patent office: If the USPTO had been driving the
covered wagons, the West would still be undiscovered...
Aww, geez. Another Rambus thread. You're right about a patent not
meaning much until it's been tested in the courts, but Mr. Sullivan
just uttered the scariest of phrases in patent law: "the doctrine of
equivalents."
I'm not going to do a groklaw-type thing and try to explain the
doctrine of equivalents, but, in my limited experience, the doctrine
of equivalents can make a patent, if it is enforceable at all, pretty
sweeping in its effects. I've seen it at work, and the results were
not pretty.
This whole thing sounds like a complete crap shoot to me. No offense
to anyone involved in the discussion who has a settled opinion on the
matter, but this whole thing reminds me of a British saying: "Before
the court, you are in God's hands;" that is, anything can happen.
The whole patent system depends on being able to draw clearly-defined
boundaries between inventions. Even were such a thing possible in
concept, and I don't think it is, the doctrine of equivalents pretty
much guarantees that you can take the most vaguely-related but
enforceable patent and argue that it applies to someone else's IP.
You may or may not prevail, but the doctrine of equivalents guarantees
a muddy outcome and lengthy and costly proceedings. The big winners
are the lawyers, as usual.
My personal opinion is that the whole damn patent system is broken but
that we'll never see any change because as it stands it guarantees a
transfer of wealth from productive citizens (engineeers) to a predator
class (lawyers).
RM