SOME weeks/months ago Techrights was approached by a patent holder who felt he had been mistreated and exploited by Microsoft and Apple. In the FFII's mailing lists we have just seen a similar story, which goes as follows:
I am no fan of software patents and would like them to be abolished. However, my name is on a software patent issued to a former employer many years ago! The work which was patented was very technical and was the result of considerable numbers of man-hours of discussion of how best to solve a technical problem. Although the patent is not frivolous, I do not believe that the work was sufficiently innovative that a patent is reasonable -- any of our competitors at the time who had been willing to invest resources in solving this problem would have come up with essentially the same solution.
I have been approached by a lawyer for the current owner of the patent who is using it in litigation. I have no desire to support that litigation. On the other hand, all they are asking me for (for the moment, at least) is to be willing to confirm certain facts.
I would be interested in the view of the list on what action I should take. Some actions I am considering include:
1) Answer their questions. I have respect for the law and feel a duty to co-operate with the legal process. I am not an expert and it is for others to argue whether the patent is valid.
2) Decline to answer their questions (possibly on the basis that it was a long time ago and I can't remember). But take no further action.
3) Tell them my view, as a listed inventor, that the patent should not have been granted and the litigation is unreasonable.
4) Track down and tell their opponents my view, as a listed inventor, that the patent should not have been granted.
Also, should I tell my current employer? The patent and the case are nothing to do with them, but they might have a view on whether they wish to see me potentially called as a witness or even on which of the actions above I should take. My current thought is that it is nothing to do with them.
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It appears I have not been clear. I am NOT looking for any legal advice, thanks. I am confident that I understand my legal obligations and if that changes I will seek professional legal advice, in my own jurisdiction.
I am, however, interested in the views of the list on the ethical issues involved. As someone who does not support software patents, do you feel there is a moral obligation (not commenting on whether there is a legal one) to the (successors to the) former employer who bought out my rights for token sum many years ago? Or, at the opposite extreme, should a campaigner against software patents actively campaign to have their own patents invalidated?
And do you feel there is any moral obligation to give my current employer (who also holds many software patents, although none in which I am involved) a say in my actions in this area (again, without commenting on any legal agreements I may have with my employer).
I realize that asking a list full of lawyers for ethical advice may be foolish but there must be some non-lawyers on the list :-)