Allow me to directly go to the scenario and take real case as an example:
In the field of music-simulation game, there were many cases of patent conflicts. To name the few, Konami v Rock Band game, Konami v EZ2DJ, etc, some of those happened in US. And Konami v Pentavision which happened in Korea.
Let say, if I'm going to make a drumming game, maybe into arcade game cabinet, this would clearly violates MTV Drumscape or Konami's patents in affected countries. But what if I do this in unrelated country to those companies, let's say, Laos or Thailand, which those companies does not have branch offices in. And let's say :
- I setup the program inside cabinet legally (the game might developed by my team)
- I obtained the song's license correctly. etc. No other issue for local law.
- Distribute the game nationwide.
My question is:
- Can those companies sue me over this game cabinet? By any mean.
- Can those companies file their existing US patent in those countries and then sue me after?
- Will patents those big companies are holding expire and become public domain? If so, does that's mean I can then distribute this game into US?