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Thursday 05 July 2012
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Author: Serge Novikov Source: Reuters Translation by: Paul Smith
Last month a Chicago judge threw out the whole Aple vs Motorola case before him. That in itself was an interesting development, but the judge has now given an interview to Reuters and it makes for even more interesting reading. Specifically the judge, Judge Posner, expressed his views on the patent system and how it is affecting the industry. Posner himself actually volunteered for the case and described himself as being 'really neutral', being a BlackBerry user, although he did have an iPhone that he ays he only used for calls and emails. Summing up his position he stated "I'm not actually that interested in becoming part of the smarthone generation".
In Posner's view the technology industry is akin to the law of the jungle, it's survival of the fittest. He views companies using the legal system as similar to an animal using every tool nature has provided it in order to survive. In that sense, Posner said, the companies shouldn't be blamed for looking towards the legal system to get one over on their rivals as they are merely using the tools that the system has provided them.
However, Posner thinks that the patent system isn't best suited to the technology industry. He points out that pharmaceutical industry has to invest far more money to develop a successful drug and that as such intellectual property claims make more sense there. By comparison developments in software tend to cost far less and even without a patent a company developing some new software innovation would still have the benefit of being the first to bring it to market. With devices becoming ever more sophisticated each feature has its very own patent, sometimes numbering in the thousands for each device. Every single one of them is a potential legal case.
Posner summed it all up: "It's not clear that we really need patents in most idustries. You just have this proliferation of patents. It's a problem".
Posner isn't a lone voice either it has to be said. With the global patent wars between technology companies in recent years more than a few have pondered at how well the patent system is working and how much it protects versus how much it retards the industry.
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