[p2p-hackers] Online Codes

[b.fallenstein at gmx.de]

On Mon, 21 Feb 2005 12:29:36 -0800, agthorr at cs.uoregon.edu
<agthorr at cs.uoregon.edu> wrote:
> On Tue, Feb 22, 2005 at 09:16:57AM +1300, Nick Johnson wrote:
> > Since infringing a patent requires meeting all the claims, it seems
> > likely to me that Online Codes won't infringe Digital Fountain's
> > patents. However, IANAPL.
>
> IANAL either, but it was my understanding that infringing a patent
> occurs when you infringe any of the claims, though a court may dismiss
> some claims as being overly broad.

You're correct. What Nick was thinking about is that infringing a
patent requires infringing all *steps* in one particular claim. So if
you have a patent with claims like

1. A method for quenching thirst, comprising of opening at least one
container of juice, pouring at least some of the juice in said
container into a glass and drinking said juice from said glass.
2. The method of claim 1, where the container is a pack.
3. The method of claim 1, where the container is a can.
4. A method for quenching thirst, comprising of opening at least one
container of juice, putting a straw in said container, and drinking at
least some of the juice in said container through said straw.

then you infringe the patent if you drink juice from a glass, even
though you only infringe on claim 1 and not claim 4; however, if you
open a can of juice and then drink the juice directly from the can,
you do not infringe on the patent, because you don't perform all of
the steps in the patent.

(There's a loophole there; the patent holder may argue that what you
did was "equivalent" to one of the steps in the patent. In the
example, say you're drinking from a cup instead of a glass; the patent
holder may argue that the cup is 'equivalent' to a glass. However, I
believe courts are generally quite strict about that; if the patent
holder meant either a cup or a glass, why did they say 'glass'
specifically?)

IANAL, but I do believe I'm correct here, from what I've read.
(Unfortunately the URI of the source escapes my mind :-( )

- Benja