actually, if another company is sued for patent infringement they can challenge the validity of the patent in the first place. if they can show that the patented a technology was not unique to them, the patent can be declared invalid.i agree that it is hard to sue someone successfully. however, just because others are developing similar designs at the same time does NOT mean they can not get sued. u can start just 1 months after mine but if i successfully obtained my patent then you can not use my design period. the fact u started almost same time as me is irrelevant.
instead, your argument would be that your design is significantly different from mine or creatively unique in another way. those would be your arguments, not that we both developed at the same time...
http://www.legalmatch.com/law-library/article/patent-duration.htmlWhat Could Make My Patent Invalid?
A patent can be deemed invalid for a number of reasons. Usually, a patent will be found to be invalid during infringement cases where an accused infringer defends himself by claiming your patent is invalid. Some of the common reasons patents are found to be invalid are:
The invention was not actually patentable - if someone can bring evidence that your invention lacked the requisite novelty, utility, or non-obviousness required for a patent, the USPTO can declare your patent invalid.
you're kind of all over the place. patents and copyrights are two different things. it wouldn't be difficult to argue the validity of a patent in court. it happens all the time. short of agreeing to pay a licensing fee or agreeing to stop manufacturing RC boards, that's their only option if they are sued.but that is actually harder to do than sueing for copyright infringement because u r a basically calling the US patent office ppl idiots and they will back up their reasons for allowing the patent to go through. remember that for patents to go through, it is publicly posted for like a year for anyone to challenge the validity. if no one challenges during this time frame, it is harder to do it later (not saying its impossible). it happens but it'll require even more legal cost.
bottom line is, intellectual property is a major part of business and economy in the capitalistic society we live in. it is a good way to protect and reward the innovators of respective industries. just because u can try to challenge the validity does not take away from the facts noted above
I assume you mean layman's terms. Which ironically you are one. Anyway, that's not how civil cases work. In a civil case, the burden of proof is a preponderance of evidence. That is, the majority of evidence must be on your side. That's a far lower standard than a criminal case, or your assertion that it's analogous to instant replay. In instant replay, you need indisputable evidence (100% certainty). Here, the standard is more like 51%, if you want to look at it in those terms.put it in laments terms. i kind of compare ur challenge to patent's validity to instant replay
you have to have overwhelming evidence to over turn the decision already made. except in this case, this decision was not an instant judgement call. it is something that has been decided on over several yrs of research, documentation and challenges ....etc