[p2p-hackers] Online Codes

[Nick Johnson]

On 22/02/2005, at 2:15 PM, Susheel Daswani wrote:

> "For an accused product to literally infringe a patent, EVERY element
> contained in the patent claim must also be present in the accused
> product or device.  If a claimed apparatus has five parts, or
> 'elements', and the allegedly infringing apparatus has only four of
> those five, it does not literally infringe.  This is true even though
> the defendant may have copied the four elements exactly, and
> regardless of how significant or insignificant the missing element
> is."
> 'Intellectual Property in the New Technological Age', 3rd Edition, 
> page 230

This seems to be exactly what b.fallenstein was saying - all the 
elements in a particular claim must match, but only one claim needs to 
completely match for there to be a violation:

>>> 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