Which is a damn good point. If you don’t protect a patent in a reasonable time frame I believe you lose the right to protect it. If Dolby has had this patent for a long time, and allowed it to become part of a standard, it may be a quick dismissal of the case.
Trademarks I think are the most commonplace for this to happen, but I believe it applies to all IP. I don’t believe that any laws are written with specific timeframes but if the court feels that a right holder knew about and didn’t take action against an infringer within a “reasonable” time (as to be determined by the count based on the circumstances surrounding the case), then an implicit license is inferred.
If this was not done, it would encourage right holders to wait out infringement in order to achieve larger settlements.
Which is a damn good point. If you don’t protect a patent in a reasonable time frame I believe you lose the right to protect it. If Dolby has had this patent for a long time, and allowed it to become part of a standard, it may be a quick dismissal of the case.
Thinking of trademarks? I’m not sure, but I feel like that is true. To quote a true asshole: “I’m just asking questions”.
No. Pretty sure it’s true of patents too. Might depend on which court you’re in.
Tyler Texas’s ears just perked up. That court has cost parent troll victims billions.
“Spider-Man, Spider-Man - does whatever a spider can.”
Trademarks I think are the most commonplace for this to happen, but I believe it applies to all IP. I don’t believe that any laws are written with specific timeframes but if the court feels that a right holder knew about and didn’t take action against an infringer within a “reasonable” time (as to be determined by the count based on the circumstances surrounding the case), then an implicit license is inferred.
If this was not done, it would encourage right holders to wait out infringement in order to achieve larger settlements.