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BrotherAmazing t1_jcdmuqt wrote

Reply to comment by Jadien in [D] What do people think about OpenAI not releasing its research but benefiting from others’ research? Should google meta enforce its patents against them? by [deleted]

That’s not true. If I am not infringing on any of your patents and you are clearly infringing on one or more of mine, cease and desist or lawsuit incoming and no “mutually assured destruction”.

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Jadien t1_jce8fcr wrote

The idea is that at Google, Meta, Microsoft scale, the companies and their patent portfolios are so sprawling in what they do and cover that it is improbable that there aren't multiple infringements in both sides. It is in fact impossible to determine how much infringement your company is committing because it is unfeasible to even enumerate everything your company is doing, much less ensure that there is no intersection with a given patent portfolio. So it's a fair assumption that multiple infringements exist in both directions.

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BrotherAmazing t1_jch23xt wrote

In the real-world cases I have been involved in, granted it was only four cases, things did not at all play out that way. Once it went to court but the defendant settled on terms favorable to the plaintiff, once the defendant complies with the cease and desist prior to the lawsuit being initiated, and the other two times actually went to trial and weren’t settled (which they told me was rare) with the plaintiffs winning once and the defendants winning once.

What you say really is not true because once you win or lose in court, it cannot be tried again and it’s a settled matter, and that process indeed does legally settle whether there is infringement or not. No one sits around after the verdict is read and scratches their head, wondering whether they are infringing or not.

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