decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
the crux of the biscuit | 756 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Can a New Machine be only a Programmed Computer?
Authored by: PolR on Thursday, July 19 2012 @ 07:07 PM EDT
Have you read the article? Given your argument I suspect you may not have paid
enough attention. In particular I suggest you read more attentively the part of
the article which follows this headline:

The Legal Theory that New Computer Functionality Creates a New Machine is
Technically Incorrect


You will find this headline in bold. This portion of the article discusses the
point you raise.

That you could have made a special purpose with the same functionality using
switches and relays is beside the point. The question is whether programming a
computer makes a new machine, not whether we could have made one by other
means.

[ Reply to This | Parent | # ]

the crux of the biscuit
Authored by: Anonymous on Thursday, July 19 2012 @ 07:30 PM EDT
"The same machine might have been created without a
computer - using switches and relays from the 1960's"

In which case, it's not new, its merely in a different form.

[ Reply to This | Parent | # ]

I think a new machine can be any device
Authored by: Ian Al on Friday, July 20 2012 @ 02:39 PM EDT
In a famous patent case, the item in question was a shrimp deveining machine. I
think the general rule is 'if you make it, it is a machine'. Otherwise it is a
method, a process or a transformation of existing materials into a new material.

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )