They very likely could - but could they afford to defend themselves in a patent suit brought by either of the 800lb gorillas? Patent fights are notoriously expensive in the US, easily the most expensive form of litigation for both plaintiff and defendant - it's my understanding that if someone files against you it'll run around $2M regardless of merit.WNJ wrote:Besides, it seems to me that they could reverse engineer this functionality without violating any patent.
In software, the usual outcome is the individual or small developer pretty immediately caves in simply because he can't afford to defend himself (the reverse is true also - large companies violate patents held by small companies all the time, the small guys can't afford to make them stop).
It's starting to change slowly with the PubPat project http://www.pubpat.org and Groklaw http://www.groklaw.net among others. But it's got a long way to go before it's fixed.
BTW, remember reverse engineering, if done properly, will protect you against copyright infringement claims. It will not help at all against patent claims. You need to look up the formal claims of the patent and think up a design that does not use any of them. Simply thinking it up independently doesn't help you one bit.




