Ironworks Gaming Forum - View Single Post - Microsoft Vs. Apple, the iPod patent battles

mad=dog · 09-30-2005, 06:51 AM

Initially you don't take a patent. You apply and there is a period where it can be contested. Microsoft cannot charge a per capita "license" for units already sold. They will have to justify that their patented technology was used and then they can be awarded a compensation in case it is ruled in their favour. This amount should technically reflect Microsofts loss, but it is often far less - it will hardly be 11$ pr unit. Such a case will usually take years before it reaches a conclusion - by that time it can hardly be an issue anymore. This is the way Microsoft themselves have managed to use their competitors technology. Basically stealing patented stuff is way too easy as it is rarely cost-effecient to defend your patent.
So. If MS decides to go forward and launch a 5 million suit they may, just may get 11 million in five years. I will take a bet that nothing comes out of it.

[ 09-30-2005, 06:52 AM: Message edited by: mad=dog ]

09-30-2005, 06:51 AM	#6
mad=dog Avatar Join Date: April 18, 2004 Location: Copenhagen Age: 48 Posts: 549	Initially you don't take a patent. You apply and there is a period where it can be contested. Microsoft cannot charge a per capita "license" for units already sold. They will have to justify that their patented technology was used and then they can be awarded a compensation in case it is ruled in their favour. This amount should technically reflect Microsofts loss, but it is often far less - it will hardly be 11$ pr unit. Such a case will usually take years before it reaches a conclusion - by that time it can hardly be an issue anymore. This is the way Microsoft themselves have managed to use their competitors technology. Basically stealing patented stuff is way too easy as it is rarely cost-effecient to defend your patent. So. If MS decides to go forward and launch a 5 million suit they may, just may get 11 million in five years. I will take a bet that nothing comes out of it. [ 09-30-2005, 06:52 AM: Message edited by: mad=dog ] __________________ [url]\"http://www.dsr.kvl.dk/~maddog/isur.jpg\" target=\"_blank\">Ooooookay. I surrender.</a><br />Sometimes I get the eerie feeling that my computer is operating me and not the other way around.