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| Authored by: Wol on Sunday, June 09 2013 @ 01:16 PM EDT |
We have a user convicted of infringement.
We have a manufacturer (software house) making a product that cannot be
patented.
And the manufacturer of the unpatentable product is liable for patent
infringement!?!?
We also have case law that says adding an unpatentable product to a
patent-exhausted product is does not make a new patentable product.
In other words, if this law says what you expect it to say, we have legislation
that makes as much sense as the proposed law that "pi shall be equal to
3".
Dunno what the software house is supposed to do about it, but that was my point
about them making an unpatentable product. The law says that if they make an
unpatentable product they can't be liable. If the law also says they are liable
then the law MUST be wrong :-)
All we need is some enterprising lawyer arguing "but my client the software
house CANNOT be liable", and the whole lot WILL get punted to SCOTUS
because whichever side loses will be able to point to impeccable law that says
they are in the right :-)
Cheers,
Wol[ Reply to This | Parent | # ]
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- So ... - Authored by: PolR on Sunday, June 09 2013 @ 01:34 PM EDT
- So ... - Authored by: Anonymous on Sunday, June 09 2013 @ 02:12 PM EDT
- So ... - Authored by: PolR on Sunday, June 09 2013 @ 03:01 PM EDT
- We know that. - Authored by: Wol on Sunday, June 09 2013 @ 04:56 PM EDT
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