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- From: PILCH Hartmut <phm@a2e.de>
- To: "Brenno J.S.A.A.F. de Winter" <brenno@dewinter.com>
- Cc: PILCH Hartmut <phm@a2e.de>, xdrudis@tinet.org, seth.johnson@RealMeasures.dyndns.org, C-FIT_Community@RealMeasures.dyndns.org, C-FIT_Release_Community@RealMeasures.dyndns.org, fairuse-discuss@nyfairuse.org, DMCA_Discuss@lists.microshaft.org, DMCA-Activists@gnu.org, patents@aful.org, discuss-gnuradio@gnu.org
- Subject: Re: [Patents] Re: Acacia Pursuing Streaming Patent
- Date: Sat, 22 Feb 2003 01:04:20 +0100
> If I read this it sounds to me like prior art, what would you say.
>
> | In a way, any computer can be considered to be an infringement of this
> | claim, because any computer comprises all the "means" listed here.
Yes, but the claims will not be interpreted in this way. They are supposed
to reflect the invention (contribution) of the patentee, and if the claim
is badly written, as in this case, there is a description to consult.
In order to find out how the claim will be interpreted and whether you
are infringing, you'll have to go to court or at least produce some
pre-1991 prior art which covers pretty exactly what you want to be
free to do now (not what you think the patentee is claiming).
I am not really interested in assessing prior art. I think I should
be free of that obligation. I shouldn't need to do unpaid work for
the patent offices in return for being granted some occasional freedom
here and there.
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