Nokia: Linux kernel may use our patents

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Patents don't infringe patents

What happens when a different company (say Audiovox) finds one of Nokia's patents to be in violation of a previous patent Audiovox owns (this does happen)

A patent can't infringe another patent, but a device based on patent A can infringe patent B. If you look at most patents, you'll see a section of cited "prior art," which often includes other patents that the current invention improves upon.

For instance, if you have a patent for a wheelbarrow, I can patent an improved wheelbarrow (maybe a stronger frame). Anyone wanting to implement my invention, however, would need your permission for the life of your patent.

In the case you cite, someone using the Linux kernel in a way that infringes the Audiovox patent could in principle be sued by Audiovox, but if Audiovox did so they would lose their permission to use the Nokia patents. If they weren't using any of Nokia's patents, or if they had a license without that recision clause, they'd be in the clear.

Posted by: Yagotta B. Kidding   Posted on: 05/26/05 You are currently: a Guest | Members login | Terms of Use

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