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more on Wi-Fi standards face patent threat
From: David Farber <dave () farber net>
Date: Thu, 30 Nov 2006 11:40:03 -0500



Begin forwarded message:

From: Milan Merhar <reference.desk () gmail com>
Date: November 30, 2006 11:19:31 AM EST
To: dave () farber net
Subject: Re: [IP] more on Wi-Fi standards face patent threat

Dave,

Although I sympathize with Mr Margolin's frustration, Mr Paulsen's words are exactly the same advice I've heard from several legal advisers, and he shouldn't have to shoulder the blame for reporting it. After all, their job is to steer their client away from risk, and the potential for assignment of multiple damages from intentional infringement is indeed an avoidable risk in their minds.

Unfortunately, the benefit of more informed engineers building new inventions upon the teachings of issued patents is not one that law counsel can quantify, thus making it difficult for their clients to strike an appropriate balance in the way I think all of us would prefer to see.

- milan

On 11/30/06, David Farber <dave () farber net> wrote:

Begin forwarded message:

From: George Margolin <inventor () rentaninventor com>
Date: November 29, 2006 11:02:19 PM EST
To: dave () farber net
Cc: "'Ronald J Riley'" <RJR () PIAUSA org>
Subject: RE: [IP] more on Wi-Fi standards face patent threat
Reply-To: inventor () pobox com

Dave -- if Mr. Poulsen actually IS a "Senior Engineer and Partner at
a Start
Up company" -- I would STRONGLY recommend NOT investing in that company
because he is like a blindfolded man lighting matches in a firecracker
factory.

So please let us know the name of his company so that we don't
accidentally
invest in it.  It will surely be doomed -- in fact -- Kaboomed!

Poor Mr. Poulsen is Wrong about the purpose of the American Patent
System.
He is knowledge less about how it works, why it exists and how and why
America has become and has remained (at least until now) the
technological
leader of the world. And he is more than cavalier about NOT reading
and the
NOT knowing when his company will be in trouble by blindly STEALING the
creative and patented creations of other who ARE playing by the rules
and
disclosing and TEACHING their technology so that others may learn and
build
upon it.


George Margolin
Vice President
Professional Inventors Alliance

-----Original Message-----
From: David Farber [mailto:dave () farber net]
Sent: Wednesday, November 29, 2006 10:09 AM
To: ip () v2 listbox com
Subject: [IP] more on Wi-Fi standards face patent threat



Begin forwarded message:

From: Lars Poulsen < lpoulsen () afar net>
Date: November 29, 2006 12:16:10 PM EST
To: dewayne () warp-speed com, dave () farber net
Subject: Re: [IP] and [Dewayne-Net] Wi-Fi standards face patent threat

>> Patents ... have become so not what the founding fathers had in mind
>> when they hardwired them into the constitution.


Indeed. As a senior engineer (partner in a start-up company) it is in
my best interest NOT to read any patents related to my field.

If I read patents and learn anything in the process, I am obligated
to try to negotiate a license for using what I learned. Since the
owner of the patent is likely to be a competitor, it is likely that
he will be unwilling to grant a license on terms that are acceptable
to me.

If I DON'T read the patents, and independently come up with the same
techniques, I have a pretty good defense of obviousness. And if I
keep my circuit designs and source code as trade secrets, who is to
know that I achieved the same features by the same mechanisms anyway?

So much for patents "promoting innovation in the arts and sciences".

/ Lars Poulsen
   Afar Communications Inc




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