[BC] HD Patent Fight

[Tom Hartnett]

>As an end-user, though, I simply join you (the manufacturer) through a counterclaim, arguing that as an end user I have a reasonable expectation that the product I bought from you doesn't infringe on someone's patent.
 
Well you either join the manufacturer in the defense (if invited) against the patent holder, but you'd need to prove either non-infringement or patent invalidity (those are the only two defenses). Or you sue the manufacturer (or in Ibiquity's case the Licensor) for not indemnifying --which won't get far. A counterclaim against the patent holder would need to be that he infringed *your* patent. Unfortunately trolling isn't against the law (yet).