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this post was submitted on 08 Nov 2024
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Interesting. If they weren't patent trolls before, they certainly are now!
I wonder if this is all that's stopping this technique though? IANAL, but it sure seems like a slicer could release this and if stratasys tried to sue them, they might have a hard time given all these patent errors.
Unfortunately, the way patent suits work it could be enormously expensive to defend something like this, even when the patent is clearly bad.
You'd be arguing that the patent is invalid to start with, but the court would probably start from the position that you are actually infringing a valid patent (it was granted after all), and grant an injunction to prevent further harm ("stop giving people the software until we can work out if there is any merit to your claim that you aren't infringing"). You then need to put together a case to show the prior art, and you can bet that they'd contest every single point. This whole process could take years, and cost hundreds of thousands of dollars that you won't get back even if you win - there isn't really a provision to recover costs in patent cases because there is the assumption that every claim is made in good faith
In other words, one big aspect of patent reform needs to be fixing the patent office itself so that it hires patent examiners who are actually competent to evaluate the applications for prior art.
Probably better to make those submitting false patents pay a large fine.