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if something matches 3 out of 4 claims, is that infringement? | 286 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
if something matches 3 out of 4 claims, is that infringement?
Authored by: sd_ip_tech on Monday, May 21 2012 @ 05:28 PM EDT
I believe that is Google's claim that is backed by judge and case law. However,
jury doesn't get it. Yet.

---
sd_ip_tech

[ Reply to This | Parent | # ]

if something matches 3 out of 4 claims, is that infringement?
Authored by: PolR on Monday, May 21 2012 @ 06:38 PM EDT
I think Rachel is confusing claims with elements of a claim. In order to
infringe a claim all elements must be present. This is AND. But when a patent
has several claims one may infringe one claim and not the others. This is OR.

I think this is what the OP is getting at.

[ Reply to This | Parent | # ]

All of one of the numbered paragraphs
Authored by: Anonymous on Monday, May 21 2012 @ 07:41 PM EDT
The numbered paragraphs are the claims. To infringe, something must match
everything in one or more of the claims.

[ Reply to This | Parent | # ]

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