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RE: Question regarding Microsoft patent on file synchronization

From: Erik Hemdal <erik_at_comprehensivepower.com>
Date: 2007-04-23 22:27:34 CEST

> Isn't it the case though that whether a patent should or
> should not have been issued, once it HAS been issued, the
> burden of proof (so to say) is now on the party accused of
> violating the patent and not the patent holder?
>
> I'm no lawyer by any means, but I'm just curious. Seems like
> that regardless of it's original merits, does the fact that
> they now actually have the patent mean that they can
> potentially make serious trouble?
>

Sure. If I hold a patent, and I think you've infringed on it, my recourse
is to sue you. In the end, you might show that you didn't really infringe
on the patent, or the patent is invalid, or it doesn't apply to your
situation. But no matter what, the prospect of a lawsuit might be enough to
scare off your customers, frighten your investors, or just run you out of
money.

I'm not a lawyer either, so the first thing I would do is find a good one
and take his or her advice.

Erik

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Received on Mon Apr 23 22:28:05 2007

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