Apple, Samsung and 19 other technology companies sent a letter to the European Union asking for limits on injunctions in patent infringement cases, reports Bloomberg. These limits would be incorporated into the future European Unitary Patent system and Unified Patent Court.
The letter requests that judges in the new EU patent court be given guidance on when to issue an injunction in cases where the validity of a patent is questionable. The guidelines would make it harder for patent holding companies to block the import and sales of devices by filing infringement lawsuits.
"Without this guidance, the potential exists for a court to order an injunction prohibiting the importation and sale of goods even though the patent may ultimately be found invalid."
These rules would be incorporated into the proposed Unitary Patent system and Unified Patent Court, which establishes one patent system and a single jurisdiction court for all participating European Union member states.
A similar group of technology companies are petitioning the U.S. Supreme Court for permission to collect legal fees when patent holding companies lose an infringement case. This change in the allocation of fees would cut down on the number of frivolous suits, argues the group.
Top Rated Comments
Your example doesn't relate to the proposal. Currently one team (using your analogy) can tell the ref a player violated a penalty drawing rule
and the ref penalizes without seeing instant replay (validate claim of infringement), ejects "supposed" violator and at some later point in game reviews replay tape and discovers, perhaps, there was no violation but the team has already lost that player (profits from sales) because someone called foul (patent infringement) with no cause. If there is cause found, appropriate penalties follow, but with no cause found, the team penalized can't get back minutes on clock or what ejected player could have done.
Actually it is exactly what they are doing the 21 companies are asking for the NEW EU Patent system which is replacing the individual countries patent systems to not allow a device to be banned over a patent especially if its likely the patent will be thrown out. We have a large number of patent troll companies and them stopping Samsung from selling a Galaxy Model for 6 months could cost Samsung 100s of millions of Euros and then the case gets thrown out, and Samsung has no way to recoup the lost money because even sueing the patent troll company into bankruptcy doesnt recoup the loss. On the other hand, if Samsung sells the phone for 6 months, the judge decides they are in violation, Samsung can be fined a hefty portion of the profits from the sales and the patent owner gets paid. Its win, win either way and its how they cases should be handled instead of companies with the no assets costing companies billions only to be told 6 months later that the patent isnt valid.
Don't joke! If you lived in Argentina, this would actually be true. The government has made that decision for you.