Prediction: The LTE Patent Bundle Won't Prevent LTE Patent Lawsuits
from the just-wait-and-see dept
But, much more to the point, the fact that so many patents need to be "pooled" just to offer this technology should be a pretty clear warning sign that the patent system isn't working as intended. Basically, what you have here is a patent thicket. Many of the patents in question are overlapping patents that never should have been issued. However, given all the uncertainty around patent litigation (and how the courts will be treating patent issues), most of these firms realize it's better to agree to split the pie rather than sue. That's still not a good result, because it only encourages more companies to suddenly push for these sorts of marginal and totally unnecessary patents just to get included in future patent pools -- even if their "invention" really adds nothing to the technology. Furthermore, this patent pool will automatically increase the price of all LTE technology, making sure that adoption is slowed down. So, yes, it's better to see a patent pool created than to see everyone just jump to lawsuits, but the history of patent pools is littered with additional lawsuits and companies having to pay for patents that they shouldn't be paying for. This is hardly a "good" solution -- it just encourages the bad system to get worse.