[Patents] Very basic patent question

[moeller@scireview.de (Erik Moeller)]

On 13 Dec 2001 at 8:00, PILCH Hartmut wrote:

> > if a company holds a patent on an essential technology, and another
> > company wants to be active in the same field, can the other company
> > sue the patent-holder to get the patent declared invalid, before
> > starting to work on an actual product, or does it have to be sued by
> > the patent-holding company to get the patent contested in court?
> 
> Why should the patent be invalid?
> 
> The fact that it is "essential" and might block a whole field doesn't
> make it any less valid.

The question is independent from the merit of such a lawsuit. I just wanted 
to know whether it is legally possible to "sue 
first" without being sued. Regarding the merit, I think reasonable arguments 
can be made against the validity of -any- patent, 
but that is another discussion.
-- 
Scientific Reviewer, Freelancer, Humanist -- Berlin/Germany
Phone: +49-30-45491008 - Web: <http://www.humanist.de/erik>
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