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Posted On: 02/24/2019 3:54:11 PM
Post# of 82686
Re: riskreward007 #49894
This reminds me of the lyrics of a 70’s song: “Does anybody know what day it is? Does anybody really care?”
“RINGES: And even if you’re not in court yet, when you are having a licensing conversation, the 101 issue comes up and there’s no clear answer. The licensing target will raise the issue, saying they don’t think it’s subject matter eligible and there’s no way to counter that because of case law. So, you just have an endless dialogue, but no resolution, and that discussion goes nowhere, and you end up having entities continue to practice the patent and dare you to take them to court because they know it’s expensive and there is considerable risk around Section 101. So, at the end of the day, you never know where you are going to end up. “
“RINGES: And even if you’re not in court yet, when you are having a licensing conversation, the 101 issue comes up and there’s no clear answer. The licensing target will raise the issue, saying they don’t think it’s subject matter eligible and there’s no way to counter that because of case law. So, you just have an endless dialogue, but no resolution, and that discussion goes nowhere, and you end up having entities continue to practice the patent and dare you to take them to court because they know it’s expensive and there is considerable risk around Section 101. So, at the end of the day, you never know where you are going to end up. “
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