One aspect of this defense was failure to mark: A previous owner of the patent produced processors covered by the patent but did not mark them as such.
It turns out that systematically not marking your patent on your products invalidates claims for infringement unless it occurred after the owner notified future infringers of the violation.
The striking thing about this for a patent troll is (if I understand this correctly) that it's easier to shake companies down if your patent has never been used to ship anything.
It turns out that systematically not marking your patent on your products invalidates claims for infringement unless it occurred after the owner notified future infringers of the violation.
The striking thing about this for a patent troll is (if I understand this correctly) that it's easier to shake companies down if your patent has never been used to ship anything.
That seems odd.