And one of the ways it's broken is that:
During the patent grant, the
claims are read as narrowly as possible in order to get the
patent.
While
During the litigation of the patent, the claims are read
as broadly as possible.
So while the patent is being considered for a grant
your specific implementation won't infringe.
But the moment you are taken
to Court, your specific implementation does infringe.
Two different
standards applied instead of a consistent application is just one of many
reasons why the Patent System is broken.
Perhaps Legally they are
supposed to be applied consistently. After all, we read of some defendants
stating in their Legal filings that the patent application history should be
used to define the terms.
But the reality sure seems to be the different
standards are applied. Even the Foreman in Apple vs Samsung applied two
different standards to each party.
Hopefully the A vs S situation is just
as obviously so far removed as an application of Justice or the Law to the
Appeal Court as it is to some of us.
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