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Authored by: Ian Al on Friday, May 18 2012 @ 11:29 AM EDT |
Microsoft stipulated that they infringed on the AT&T patent by having
Windows Media Player installed in a computer. In other words, AT&T did not
have to prove that the Windows Media Player actually infringed on their math
algorithm.
All of the findings of the Supreme Court were based on the law given in ยง271(f)
and apply to all software. They decided as a matter of law that software
machines were made when the software was installed on the computer from the
installation media. I reproduced the key points of their argument in my
comment.
This judgement of law then enabled them to decide that the installation of WMP
on a computer infringed on the AT&T patent as a matter of fact because of
the stipulation.
Taking away the stipulation still leaves the opinion of the Supreme Court as a
matter of law. Indeed, in Oracle v. Google the judge ruled that only 'phones
imported into the US could infringe on the patents on the basis of this Supreme
Court opinion.
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Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid![ Reply to This | Parent | # ]
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