Imagine a pro golfer being sued for using a certain ball. He isn’t sued because its design breaks PGA rules, but instead because the owner of a patent covering the creation of golf balls believes that this particular ball violates their patent. Ernie Els appears to be safe so far, but as SCO v. AutoZone demonstrated a couple years ago, anything is possible.It all hinges around a very clear section of US patent law:“Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.”It doesn’t get much more blunt than that. Use a product that infringes on a patent, and you’ve infringed on the patent yourself. Typically, litigants haven’t gone after end users because there’s more to be gained from lucrative licensing agreements and court settlements with manufacturers (think NTP and RIM) than from making customers hate you with an all-consuming passion. But as competition from both legitimate IP enforcers and patent trolls heats up, there’s going to be increased opportunity for retailers and end users to get dragged into the patent fray. SUBSCRIBE TO OUR NEWSLETTER From our editors straight to your inbox Get started by entering your email address below. Please enter a valid email address Subscribe Luckily, there are a couple easy ways to protect yourself. First, you can become intimately aware of all the patents that apply to every product you purchase and any legal issues that surround those patents. (A Ouija Board or crystal ball may come in handy for this task.) Then buy accordingly. Alternatively, you can stop buying any products whatsoever and curl up naked in a fetal position under your desk. But what the heck–maybe this is all going to work out for the best of everyone. Certainly the increasing number of gleeful emails I get from companies pursuing IP patent lawsuits seem to imply as much. For more–and more knowledgeable–information on the topic, I suggest Philip Brooks’ Patent Infringement Updates blog. It’s updated frequently and covers a wide swath of the patent landscape. And given what’s going on out there, it’s information you should know. Related content brandpost Fireside Chat between Tata Communications and Tata Realty: 5 ways how Technology bridges the CX perception gap By Tata Communications Sep 24, 2023 9 mins Emerging Technology feature Mastercard preps for the post-quantum cybersecurity threat A cryptographically relevant quantum computer will put everyday online transactions at risk. Mastercard is preparing for such an eventuality — today. By Poornima Apte Sep 22, 2023 6 mins CIO 100 Quantum Computing Data and Information Security feature 9 famous analytics and AI disasters Insights from data and machine learning algorithms can be invaluable, but mistakes can cost you reputation, revenue, or even lives. These high-profile analytics and AI blunders illustrate what can go wrong. By Thor Olavsrud Sep 22, 2023 13 mins Technology Industry Generative AI Machine Learning feature Top 15 data management platforms available today Data management platforms (DMPs) help organizations collect and manage data from a wide array of sources — and are becoming increasingly important for customer-centric sales and marketing campaigns. By Peter Wayner Sep 22, 2023 10 mins Marketing Software Data Management Podcasts Videos Resources Events SUBSCRIBE TO OUR NEWSLETTER From our editors straight to your inbox Get started by entering your email address below. Please enter a valid email address Subscribe