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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.

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No, excellent analogy | 297 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Bad analogy indeed, but in a different sense
Authored by: Anonymous on Sunday, January 20 2013 @ 06:58 AM EST
The lawn is a limited location. As is "where".
A patent is about "what", and reaches to any location where patent law
reaches.

So it is more like: you cannot walk. you can bike, but not walk.

(On a side note:
some walks can be subsidised, by the Ministry of Funny Walks)

[ Reply to This | Parent | # ]

Bad analogy
Authored by: ukjaybrat on Monday, January 21 2013 @ 08:27 AM EST
You can't amputate my legs but you could possibly get a
restraining order if my walking on your lawn threatens you in
anyway. Then it's not just your lawn but 100 feet of your
property; and if i'm caught, it's jail time/fine for me.

---
IANAL

[ Reply to This | Parent | # ]

Bad analogy
Authored by: MadTom1999 on Monday, January 21 2013 @ 11:54 AM EST
It always seems more like getting an injunction to stop you walking on their
lawn and then expecting it to cover the grass that's growing on yours too!

[ Reply to This | Parent | # ]

No, excellent analogy
Authored by: Anonymous on Monday, January 21 2013 @ 12:24 PM EST
Because its just like the current situation... it only escalates.

You keep walking on my lawn, I sic the dog on you.

You shoot the dog... etc... until we've got WWIII.

Because the lawn is what it is and I can't physically prevent you walking, we
both resort to other and artificial means to "resolve" our dispute.

The round corners (and the colors black and silver) are what they are, obvious
and not why I buy something. Apple can't change that, patent or no, so they
resort to injunctions and litigation to prove to the world how creative and
original they are.

Whan that fails, patent "flat" and try again.

[ Reply to This | Parent | # ]

My lawn, or any grass possibly decented from it's pollen...
Authored by: Anonymous on Monday, January 21 2013 @ 03:22 PM EST
Untill you end up like Monsanto, and the metaphor becomes reality.
It's probably just a matter of time untill they genetically modify an applety to
produce multi-coloured apples - and then utility and design patents will come
together

[ Reply to This | Parent | # ]

Bad analogy
Authored by: Charles888 on Monday, January 21 2013 @ 10:05 PM EST
I think the analogy of walking on a
lawn to demanding an injunction is
that: Should we prevent you from
walking on the lawn when the actual
ownership of the lawn is in
question?

[ Reply to This | Parent | # ]

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