Featured Articles

Intel releases tiny 3G cell modem

Intel releases tiny 3G cell modem

Intel has released a 3G cellular modem with an integrated power amplifier that fits into a 300 mm2 footprint, claiming it…

More...
Braswell 14nm Atom slips to Q2 15

Braswell 14nm Atom slips to Q2 15

It's not all rosy in the house of Intel. It seems that upcoming Atom out-of-order cores might be giving this semiconductor…

More...
TSMC 16nm wafers coming in Q1 2015

TSMC 16nm wafers coming in Q1 2015

TSMC will start producing 16nm wafers in the first quarter of 2015. Sometime in the second quarter production should ramp up…

More...
Skylake-S LGA is 35W to 95W TDP part

Skylake-S LGA is 35W to 95W TDP part

Skylake-S is the ‘tock’ of the Haswell architecture and despite being delayed from the original plan, this desktop part is scheduled…

More...
Aerocool Dead Silence reviewed

Aerocool Dead Silence reviewed

Aerocool is well known for its gamer cases with aggressive styling. However, the Dead Silence chassis offers consumers a new choice,…

More...
Frontpage Slideshow | Copyright © 2006-2010 orks, a business unit of Nuevvo Webware Ltd.
Wednesday, 09 January 2013 11:02

Patent trolls lose key weapon

Written by Nick Farrell



Sales bans will be rare


In a move that will scare the pants off of Apple and other patent trolls, the Justice Department and U.S. Patent and Trademark Office has said that sales bans should be a rare punishment.

At the moment patent trolls have been able to force companies to take them seriously by threatening that products can be taken off the shelves. Now the Justice Department and U.S. Patent and Trademark Office have said that companies that own a key patent, such as those that ensure mobile and other electronic devices work together, should be allowed to win sales bans as a punishment for infringement only in rare, very specific cases.

The Federal Trade Commission, which with the Justice Department enforces U.S. antitrust law, has also argued that infringement of "standard essential patents" should be punished with monetary damages, not bans. The two have appealed to the U.S. International Trade Commission to make the public interest paramount in deciding whether to order an injunction against an imported good that uses an essential patent.

If it joins in the ban then Apple’s thermonuclear war and Samsung’s reply will fail completely. "The USITC, may conclude, after applying its public interest factors, that exclusion orders (sales injunctions) are inappropriate," the Justice Department and patent department said.

Nick Farrell

E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
blog comments powered by Disqus

 

Facebook activity

Latest Commented Articles

Recent Comments