Why do these suits always come after the fact? Shouldn't they have filed for an injunction or something BEFORE the "infringing" products hit the market?
Or do they intentionally wait for the product to be successful and then sue?
Most patent cases come after the product is released. Many times it is because it is after the product is released the infringement is noticed. Patents are prosecuted durignthe application process but stuff slips buy all the time. This will be a case of prior art if it is legitatmate. That said this is a lawsuit that has been field in Eastern Texas which is the easiest place for a patent troll to sue and win. Of course if I had a legitimate patent that was infringed I woudl probably also sue in eastern Texas because I woudl want to win.
im not a lawyer, and never would i ever claim to be, but i don't buy the fact that it takes until after a product comes out for the alleged infringement to be "noticed". visual voicemail was one of apple's main selling points for the iPhone before its release. when lawsuits are delayed like this until well after a feature is public, it says to me that they took all this time to decide if they think that that they MAY be able to benefit monetarily from a lawsuit. personally, i think thats epic lame.
@ a ham sandwich It would appear that the lawsuit is not over Visual Voicemail itself, but rather over the way the iPhone allows "users to selectively retrieve voice messages via the iPhone's inbox display". That process probably wouldn't have been apparent until *after* the iPhone was released.
It takes time for the plaintiff company/person to figure out a) if they have a case worth spending the money on and b) whether they can put together a credible enough argument to win said case. Plus, it's probably done by a team of lawyers, which can sometimes move as slow as molasses in January if they know they have time to file.
Reader Comments (Page 1 of 1)
Joe @ Dec 3rd 2007 3:53PM
Why do these suits always come after the fact? Shouldn't they have filed for an injunction or something BEFORE the "infringing" products hit the market?
Or do they intentionally wait for the product to be successful and then sue?
Nick K. @ Dec 3rd 2007 3:55PM
Suing is the only way these people can afford their shiny iPhone purchase.
redspear @ Dec 3rd 2007 4:04PM
Most patent cases come after the product is released. Many times it is because it is after the product is released the infringement is noticed. Patents are prosecuted durignthe application process but stuff slips buy all the time. This will be a case of prior art if it is legitatmate. That said this is a lawsuit that has been field in Eastern Texas which is the easiest place for a patent troll to sue and win. Of course if I had a legitimate patent that was infringed I woudl probably also sue in eastern Texas because I woudl want to win.
Dave Skaggs @ Dec 3rd 2007 4:35PM
@redspear
Please learn how to spell.
durignthe, buy, legitatmate, fiedl, woudl, woudl
E71 @ Dec 3rd 2007 4:44PM
@redspear
I'll get my jacket, you get the plane tickets.
a ham sandwich @ Dec 3rd 2007 4:47PM
im not a lawyer, and never would i ever claim to be, but i don't buy the fact that it takes until after a product comes out for the alleged infringement to be "noticed". visual voicemail was one of apple's main selling points for the iPhone before its release. when lawsuits are delayed like this until well after a feature is public, it says to me that they took all this time to decide if they think that that they MAY be able to benefit monetarily from a lawsuit. personally, i think thats epic lame.
phoomp @ Dec 3rd 2007 5:10PM
@ a ham sandwich
It would appear that the lawsuit is not over Visual Voicemail itself, but rather over the way the iPhone allows "users to selectively retrieve voice messages via the iPhone's inbox display". That process probably wouldn't have been apparent until *after* the iPhone was released.
a ham sandwich @ Dec 3rd 2007 5:18PM
@phoomp
didn't Stevie J demo it on stage the day they announced it?
Justin @ Dec 4th 2007 8:24AM
@sandwich
It takes time for the plaintiff company/person to figure out a) if they have a case worth spending the money on and b) whether they can put together a credible enough argument to win said case. Plus, it's probably done by a team of lawyers, which can sometimes move as slow as molasses in January if they know they have time to file.