TaylorMade Files Countersuit against PXG

golfunfiltered · Nov 29, 2017

Molten said:
This is very true in the context of trademarks, but it is not required with patents. I give the analogy of a patent being a plot of land that you put a fence around because a patent isn't a right to do something, its a right to prevent others from doing something.

In the context of the analogy, the land owner can (1) use his land or (2) not use his land and let it sit idle. Placing the fence doesn't require anything of the land owner but it gives the land owner the right to yell "get off my yard" to anyone who goes on the land.

I do that all the time to neighborhood kids. Does this make me a patent owner?

Molten · Nov 29, 2017

golfunfiltered said:
I do that all the time to neighborhood kids. Does this make me a patent owner?

It doesn’t not make you a patent owner.

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stevie-a · Nov 29, 2017

Molten said:
It doesn’t not make you a patent owner.

I see what you did right there.....exactly as my legal group would say it too. Dazzle 'em with confusion.

2BFAST · Nov 29, 2017

Wheres @McRock at when you need him?

McRock · Nov 29, 2017

2BFAST said:
Wheres @McRock at when you need him?

I'm here. This is par for the course. When you have two large companies involved in a lawsuit, the one who gets sued is always going to find something to sue the first party with. It gives them negotiating power, and more accurately, costs the other side money to defend, and then its just a matter of who blinks first.

Many cases aren't won in a court room, they are won with a check book.

~Rock