Netflix Sued Over Fradulently Obtained Patents

An anonymous reader writes "Techdirt has a story about a new class action lawsuit against Netflix, claiming that the patents the company is using to sue Blockbuster were obtained fraudulently. Specifically, the lawsuit claims that Netflix was well aware of prior art, but did not include it in its patent filing, as required by law. The lawsuit also claims that Netflix then used these fraudulently obtained patents to scare others out of the market, in violation of antitrust law. 'Certainly, it makes for an interesting argument. Patents grant a government-backed monopoly -- which should get you around any antitrust violations. However, if that patent is obtained fraudulently, then I can see a pretty compelling claim that you've abused antitrust law. It would be interesting if other such cases start popping up (and, indeed, the lawyer who sent it to us said his firm is looking for additional patents to go after in this manner).'"

Comments

bout time, now if only

[LOTHAR, of the Hill]

Someone would sue the patent office, charging negligence. Maybe get an injunction against them from issuing any patents until they can issue them properly.

now that's an amusing thought.

Re:Please find Madeleine

[Hatta]

But did they ever find Waldo?

Re:Or, more realistically...

[plover]

Maybe the problem is that lawmakers simply don't understand that software is not an analog to the real world. [...] Or maybe, just maybe, non-technical people are so used to being explained things in terms of analogy they tend to lose sight of the fact that simply because an analogy is the most useful or expedient method of explaining a concept the concept itself isn't bound by the realities an analogy might suggest.

So if I understand you correctly, software patents should be treated like soft wax sculptures that don't last very long, but hardware patents are more like durable cast iron hammers. That means we can melt software patents into candles, using them for lighting and ending the energy crisis, while we can use hardware patents to pound legal textbooks into pulpwood to burn for heat, ending the energy crisis. Both end up solving the energy crisis, so shouldn't we treat them the same?

:-)

YES!

[Mahjub Sa'aden]

So if I understand you correctly, software patents should be treated like soft wax sculptures that don't last very long, but hardware patents are more like durable cast iron hammers. That means we can melt software patents into candles, using them for lighting and ending the energy crisis, while we can use hardware patents to pound legal textbooks into pulpwood to burn for heat, ending the energy crisis. Both end up solving the energy crisis, so shouldn't we treat them the same?

Have you considered running for Congress? Because you are ready to make laws!