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Court Restores Some Of Qualcomm's Rights On 2 Video Patents
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| A federal appeals court here ruled Monday that a California trial judge went
| too far when he stripped chip maker Qualcomm Inc. ( QCOM) of all legal rights
| to two video patents as a consequence of engaging in misconduct.
|
| [...]
|
| On Monday, the U.S. Court of Appeals for the Federal Circuit agreed with the
| trial judge that Qualcomm should have disclosed its patents to the working
| group. But the appeals court said the judge should not have stripped Qualcomm
| of all of its rights to the two patents.
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http://money.cnn.com/news/newsfeeds/articles/djf500/200812011349DOWJONESDJONLINE000513_FORTUNE5.htm
Standard Setting and Waiver of Patent Rights
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| Under participant agreements, however, disclosure was required to help
| ensure "a simple royalty free baseline profile." And, under Rambus, even
| non-explicit disclosure requirements can create a duty to disclose patent
| rights during standard setting discussions.
|
| Because the patentee intentionally failed to disclose its patents, the court
| agreed that the patents were unenforceable under the equitable doctrine of
| implied waiver. However, the court limited the scope of the waiver only to
| products that were compliant with the new (H.264) standard.
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http://www.patentlyo.com/patent/2008/12/standard-settin.html
Recent:
‘Software patenting will harm industry, consumer’
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| Living up to its status as the country’s Information Technology (IT) capital,
| Bangalore played host to a different kind of “software lobby” here on
| Saturday.
|
| Unlike most lobbies, this one had no vested interests and no hard-line
| agenda. In a bid to raise awareness about software patenting and generate a
| debate among stakeholders, the Free Software community from across the
| country participated in a national-level meeting against software patents.
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http://www.hindu.com/2008/10/05/stories/2008100559810400.htm
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