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Comment by _3u10 | Hacker News Reader

Just go ahead and do yourself a favor right now and delete this comment.

'knowingly violating' is not a phrase you want attributed to you in court.

We are examining the patent in detail and finding ways that we can workaround the claims. The claims are wrapped in industry jargon and detail, so we feel we can add or remove steps to get around it.

But, the core point is the patent did nothing to further the state of the art, nor does it provide information that someone in the field would use to implement the patent. As I understand those are the two reasons for the patent system, so by that standard the patent is worthless.

I wonder if patents in other industries are actually useful, eg would a chemist ever refer to older patents to further their own lab work?

Please listen to the parent and delete all your comments in this thread. Also look up, "Willful Infringement" to understand why you need to erase your comments here.

Are you that brazen? This one, single post, that you could have deleted, could be the difference between your company being sued off the face of the earth and you going bankrupt, and you having appropriate time to analyze the situation and plot a reasonable course without the patent holder know you were coming.

I don't give a shit how superfluous the patent may be, or what chemists do. You just openly admitted that you knowingly infringed on a patent. Further, even if the patent was complete bullshit, by you openly acknowledging that you are infringing on it, you are admitting not only guilt, but you are validating the patent. IANAL, but I could easily see a court using that as the evidence it needed to validate a patent that otherwise stood no chance.

> You just openly admitted that you knowingly infringed on a patent.

US patents have no baring in Canada, they currently haven't done anything wrong at all.

Fine. "You just openly admitted that you are planning on knowingly infringe on a patent."

OP said they are coming into the US market at some point. At which time, they will be infringing, and then everything I said applies.

I enjoy this forum as we can have an intelligent discourse. I appreciate your concern for my situation, but remind you that most folks here are pretty smart, so please remember that before calling people brazen and implying they don't know what they are doing.

When we became aware of the patents we consulted with counsel and put a plan in place. I misspoke earlier, for dramatic effect, we are not violating the patent as we haven't entered the US market, and we don't plan to until we've addressed this issue.

Furthermore, my account here is pseudo-anonymous, so you would need some serious google mastery to pull enough information together to make the connections required.

Have you looked into prior art for the asserted patents? That's one way to get it abolished.

You need to hire someone to do a patent opinion for you. Don't pay a ton of money (so don't hire MoFo or something crazy like that), but don't cheap out either. Interpreting claims isn't something you can do on your own, especially when some patents have extremely broad sounding means-plus-function claims that are in actuality much narrower.

Patents don't have to further the state of the art, but they must teach a person skilled in the art how to practice the claimed invention.

fleitz makes a very good point. You'll be getting hit with treble damages which you definitely don't want.

While I definitely agree that making a statement like that makes no sense, if the 1x damages would already bankrupt your company, tripling that really matter all that much. In that case, your only hope may be invalidating the patent.

It makes sense if you want to demonstrate -- concretely -- how the system is broken. Heroes do what's right despite potential personal risk.

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