But even if they did, Nest Labs insists said patents would be invalid as they're retreads of older, expired patents or, not even worthy of a patent as in the case of Honeywell's '504 patent referring to a controller using "complete grammatical sentences".
Then this January, the Swiss manufacturer Covis began selling an "authorized generic". Such medicines are made according to the specific formula of the company that makes the branded drug and holds the original patent (GlaxoSmithKline in the case of digoxin), and tend to be more expensive than a typical generic.
One who actively induces infringement as by aiding and abetting the same is liable as an infringer, and so is one who sells a component part of a patented invention or material or apparatus for use therein knowing the same to be especially made or especially adapted for use in the infringement of the patent except in the case of a staple article or commodity of commerce having other uses.
When the blockbusters went off patent (or in the case of Vioxx and Bextra, were withdrawn) both Pharma and the FDA then said the drugs weren't as safe as we thought.
In the case of the pharmaceuticals sector, for example, in the growing market for generic (ie, non-patent-protected) drugs; in the case of fast-food restaurants, in providing healthier meals; and in the case of the energy industry, in meeting fast-growing demand (as well as regulatory pressure) for cleaner fuels such as natural gas.
It can take years to get a patent approved, and in the case of social media and gaming the process can take even longer, typically up to six to eight years or more from the time the application gets filed.
(Because patents' validity is often based on whether they really are covering something that has not been done before, an assertion of prior art can often be used in defense of one, or to invalidate the patent's claims in the case of an application).
Lastly, some particularly valuable cell lines could be patented – as happened in the case of the HeLa cells, for instance [ 3].
Rival companies banding together to license patents is also a smart move as it helps keep the overall price of the patent portfolio down — avoiding a costly patent bidding war (as in the case of Nortel's patent stash last year, which sold to a consortium that did not include Google for a massive $4.5 billion).
We find that the program had a significant impact on the number of patent applications, more markedly in the case of smaller firms.
