> Do you think MOStek would have been able to survive in today's legal environment? I don't think so, and that's what worries me.
What’s different about “today’s environment?” If anything patent rights are weaker today—back in 1976, there were no ex parte or inter partes reexams to challenge patents in the PTO. You had to challenge patent validity in district court, where the patent was accorded a presumption of validity and a high “clear and convincing” standard was necessary to overcome that presumption.
Looking briefly at the case history, it seems like the litigation with Motorola would have played out the same way today. Motorola had patents in the 6800 chip bus. As a result of the litigation, MOStek had to drop the 6501, which was socket compatible with the 6800. But the 6502 was a substantially different architecture internally, and was not socket compatible. (Moreover, that lawsuit settled when Motorola got the upper hand when it discovered that one of the MOStek’s engineers had taken confidential documents with him from Motorola. Taking confidential documents with you, which is what happened here, wasn’t okay back then either.)
What’s different about “today’s environment?” If anything patent rights are weaker today—back in 1976, there were no ex parte or inter partes reexams to challenge patents in the PTO. You had to challenge patent validity in district court, where the patent was accorded a presumption of validity and a high “clear and convincing” standard was necessary to overcome that presumption.
Looking briefly at the case history, it seems like the litigation with Motorola would have played out the same way today. Motorola had patents in the 6800 chip bus. As a result of the litigation, MOStek had to drop the 6501, which was socket compatible with the 6800. But the 6502 was a substantially different architecture internally, and was not socket compatible. (Moreover, that lawsuit settled when Motorola got the upper hand when it discovered that one of the MOStek’s engineers had taken confidential documents with him from Motorola. Taking confidential documents with you, which is what happened here, wasn’t okay back then either.)