There's a wonderful little legal principle here that the lawyers (who, of course, stand to profit handsomely
from "this little legal squabble," as long as it continues...) tend to overlook. It's called the doctrine of laches
To quote WikiPedia, "The person invoking laches is asserting that an opposing party has 'slept on its rights,' and that, as a result of this delay, that other party is no longer entitled to its original claim. Put another way, failure to assert one’s rights in a timely manner can result in claims being barred by laches. Laches is a form of estoppel for delay."
In other words, even if
you step forward to the podium in The Honorable Court and claim that you have "207 patents," and even if you do
, said Honorable Court will ask you, "why did you wait until now
to press your claim?"
The law does not allow you to "wait until The Opportune Moment" to press your proprietary claim. Rather, it insists that you must not only react to every potential violation "as soon as you knew or should have known" of the violation, but also that you must react equally and impartially to every
violation. "Fair is fair: You cannot choose your targets, and
you cannot choose your time." If you cannot show that you acted swiftly and equally to every
potential violation, you are estopped from acting against any
Every attorney who has completed Business Law 101 knows
A bunch of attorneys took SCO's shareholders to the cleaners with crazy hopes of success with their
specious lawsuits. I can only hope that Steve Ballmer is slightly
more savvy than they turned out to be . . .