by Mike Masnick
Tue, Sep 13th 2011 1:05am
Rambus has been one of the much more aggressive patent players out there, basing its entire business on suing companies for supposedly infringing its patents on chip designs. The latest is that two of the company's key patents, which had already been used to win ITC cases against Nvidia, HP and others, have been ruled invalid by the USPTO. Stories like this are why we wonder about the presumption of validity in patents, and also question why court judges and the ITC are still willing to decide cases, even after the UPSTO is re-examining them (a process that almost always leads to rejected claims). Of course, for Nvidia and HP, there's nothing they can do now. Even though the patents were later declared invalid, the fact that they already paid up (and any others who felt pressured into a license) isn't something that gets unwound. Of course, all this does is encourage more bogus patent infringement lawsuits, knowing that as long as you can get a judge to rule before the USPTO can review, you could be golden...
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