If ITC finds that the patents were infringed, it could enjoin importation of all such phones into the US.
Similarly, when the Second Amendment directs that "the right … to keep and bear Arms shall not be infringed," it does not ensure that a deranged person can possess a machine gun in a schoolroom.
The Second Amendment ensures that "a well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed". It's used as the final authority, to be deferred to even if not agreed with or understood.
When the rights of any one group or individual are infringed, it's that much easier for the next group or individual to also lose rights.
While the lingo is different, the basic result is the same: If the product is found to be infringing, it gets banned from the market.
Before he signs up clients, he spends $100,000 to $250,000 on experts who take a month or more to study both the validity of a patent and whether anyone is infringing it.
It also appears from the wording of the various paragraphs that make up that definition that in order for a copy to be infringing, it must have an unlawful aspect.
So far Lodsys has served papers on about a dozen iOS developers who it says are infringing its patent 10/732,102, which it bought in 2004 from the inventor, who filed it in the 1990s, covering user interaction over a network.
The lawyers added that Beats had failed to license Bose's tech despite being informed that it was infringing its intellectual property.
Beyond proper judicial jurisdiction and venue, a complaint for patent infringement need currently allege only ownership of a particular patent and that it has been infringed.
