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Re: MP3 decoder packaged with XMMS

Patentees only win patent infringement cases 1/3 of the time, so it is
not unreasonable to feel confident that a dispute would result favorably
for the accused infringer.  Further, whether your company or any other
defendant could afford to defend yourself if sued has no impact on
whether a "condition" has been placed on you.  That's your financial
situation, not a condition placed on you by a court or yourself.

If you were inclined to place any weight on this sort of statistic,

That statistic comes from, amongst other sources, Patstats, U.S. Patent Litigation Statistics, University of Houston Law Center, available at http://www.patstats.org/2003.html, which shows that, in 2003, patents in litigation were found invalid 58% of the time and not infringed 77% of the time. For a patentee to win, the patent must be held both valid and infringed. Since both issues are resolved in many cases, you can not consider that of the 44% of patents held valid they were then found infringed 23% of the time (that would give you too low of a number). Roughly the result in patent litigation is that patentees win about 1/3 of the time. Of course, this also differs by technology, with pharmaceutical patents being a little stronger than others, but it is generally true.

If you have evidence to the contrary, please identify it.


Daniel B. Ravicher
Legal Director
Software Freedom Law Center
1995 Broadway Fl 17
New York, NY 10023-5882
212-461-1902 direct
212-580-0800 main
212-580-0898 fax

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