patent-marking
Latest
Activision sued for 'false patent marking' (and what that means)
Activision is being sued by the Patent Compliance Group for "false patent marking." Don't walk away! It's not that complex, we promise. What it basically means is that this private group of patent police is trying to ding Activision on patents it has on products that are beyond the scope of what it's producing. The reason for the lawsuit, according to the PCG, is that "false patent marking is a serious problem. Acts of false marking deter innovation and stifle competition in the marketplace. If an article that is within the public domain is falsely marked, potential competitors may be dissuaded from entering the same market." LGJ columnist (and lawyer) Mark Methenitis explains, "Some claims may have some merit like the '753 patent, which is basically for a DDR pad, which wouldn't necessarily apply to Guitar Hero; or the '689 patent, which is for the DJ Hero turn table which does not work with Guitar Hero 5 or Band Hero. To me, it looks like the shotgun approach: hit everything and hope something sticks." Check out Methenitis' full response to us after the break. PCG is seeking $500 for each of Activision's violations, which is set by statute. As Gray on Claims notes, Activision isn't the only company caught in the crosshairs of the "patent police." What these groups are attempting to do is keep companies (like Activision!) from putting a patent on ideas or concepts that aren't in development. PDF -- Patent Compliance Group v. Activsion Source -- Patent Marking Police out in full force [Via Edge, THR]
