Re: [Patents] E-Data to Pursue Enforcement of Patent on Distribution of Song Tracks in Europe

[xdrudis@tinet.org]

El Mon, Oct 13, 2003 at 06:11:24PM -0400, Seth Johnson deia:

> 
> Mr. Brodsky added, "Microsoft, Tiscali and OD2 are working to build a 
> service in Europe that would parallel iTunes Music Store, a successful 
> music downloading service developed by Apple in the United States. 
> However, these companies have not done their homework on patent rights 
> before launching the service in Europe. We are confident in the scope 
> of our patents as demonstrated by our favorable rulings in the U.S. 

Maybe it is Brodsky who has not done his homework regarding geography.
Did he notice Europe is not under US law or case law ? 

> Moreover, we are encouraged by our recent settlement with Satellite 
> Newspapers, which reinforces the validity of our patents in Europe."
> 

This is silly bordering on the offensive. Since when a private arrangement
between 2 parties reinforces validity of a patent at all?. It may reinforce
the notion that lawsuits are more expensive that some settlement terms (I 
suspect 
settlement terms for invalid patents may be quite low), but 
AFAIK only a judge can reinforce the validity of a patent. 



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Xavi Drudis Ferran
xdrudis@tinet.org
http://patents.caliu.info