[NTLUG:Discuss] IBM/SCO turnabout is fair play??

[David]

On Mon, Aug 11, 2003 at 11:28:17AM -0500, Richard Geoffrion wrote:
> from http://lwn.net/Articles/43592/
>
> 81. IBM is the lawful owner, by assignment, of the entire right, title
> and interest in United States Patent No. 4,814,746 ("the '746 Patent"),
> 
> I wonder how long this will play out?  I can see why these cases take so
> long.

Wait, it'll get better.  Patent fights, if carried the full distance,
are argued at least twice, and often three times.

First, the case is heard in a United States district court.  One of
the key elements is what meaning should be ascribed to the words of
the patent.  This is made more challenging by the fact that patents
are written to disclose all the legally-mandated information in the
form least likely to be useful to any human.  The trial court will
make its best guess about the meaning of the language, and then give
us a "final" ruling.

Second, one party (or both) will appeal the case.  Most patent cases go
to the Court of Appeals for the Federal Circuit, in Washington DC.
They will decide for themselves what the language of the patent meant,
giving no deference to the interpretation used by the trial court.
The trial court is presumed to have no special insight into the proper
reading of a patent, so the Appeals Court's guess is just as likely to
be right, and they've got rank. :)

In about half of the cases, the Court of Appeals come up with a
different interpretation.  This means the case gets sent back to the
trial court for a new decision, using the patent interpretation
selected by the Court of Appeals.  Since the meaning of the patent's
language is a fundamental point in the suit, this means that the case
is heard all over again.

-- 
David Hayes
david at hayes-family.org