惨,已经被patent了
Patent Acquisition and Assertion by a (Non-Inventor) First Party Against a
Second Party
US 20080270152 A1
ABSTRACT
Methods for a first party to acquire and assert a patent property against a
second party are disclosed. The methods include obtaining an equity interest
in the patent property. The methods further include writing a claim within
the scope of the patent property. The claim is written to cover a product of
the second party where the product includes a secret aspect. The methods
further include filing the claim with a patent office. The methods sometimes
include offering a license of the patent property to the second party after
the patent property issues as a patent with the claim. The methods
sometimes include asserting infringement of the claim by the second party
after the patent property issues as a patent with the claim. The methods
sometimes include negotiating a cross-license with the second party based on
the assertion of infringement of the claim, where under the cross-license
the first party obtains a license to an intellectual property right from the
second party. The methods sometime include attempting to obtain a monetary
settlement from the second party based on the assertion of infringement of
the claim.