[ Reply to This | Parent | # ]

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.

During the litigation of the patent, the claims are read as broadly as possible.

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.

[ Reply to This | Parent | # ]