I decided to start 2010 with a controversial premise: what if 9 out of 1o patents--or 90 %-- issued in the US were worthless? Believe it or not, but this probably is not too far off the mark. By "worthless," I mean that it is likely that only 10% of patents in force today meet each (and every) of the below criteria:
1) The patent directly or indirectly protects a product or technology that is being sold in the market today;
2) The patent covers a product or technology where there is or likely will be viable competition in the marketplace such that a patent is needed to legally restrain competition; and
3) The patent owner is ready, willing and able to bring a patent infringement suit against an infringer or it is likely that your competitor believes that it will possibly do so.
Unless