Re:RunwayFinder to fight the FlightPrep patent
by ams6110 on Friday December 17, 2010 @08:45PM
(#2018637)
Absolutely get an attorney if you're going to fight it. And hint #2: don't blog about your approach to the case, at least until after it's settled, and assuming the settlement doesn't include nondisclosure.
Re:RunwayFinder to fight the FlightPrep patent
by tonystubblebine on Friday December 17, 2010 @08:34PM
(#2018608)
Why is it wrong wrong wrong? What's the relevant law on linked claims?
Re:RunwayFinder to fight the FlightPrep patent
by hristov on Friday December 17, 2010 @09:53PM
(#2018742)
Generally, you infringe a patent if you infringe a single claim. There is no such term as "linked claims." There is something called a dependent claim, which is a claim that references another claim in a specific way. A dependent claim includes all the language of the claims it depends on.
Thus, if claim 5 says something like, "The system of claim 3, wherein" and claim 3 says something like "The system of claim 1, wherein" then claim 5 will probably be deemed to include all the language of claims 3 and 1. However, claim 1 does not necessarily include claims 3 and 5 and you can infringe claim 1, even if your system does not have any of the elements listed in claims 3 and 5.
Re:RunwayFinder to fight the FlightPrep patent
by ScottBurson on Friday December 17, 2010 @11:40PM
(#2018901)
OTOH, if you don't infringe claim 1, you can't infringe claims 3 and 5. I think that's what he was getting at, even if he didn't express it correctly.
(1) patent law is very complex. Even ordinary lawyers usually will not litigate patent cases unless they specialize in patent law only. Insurance companies will usually not insure attorneys that do not specialize in patent law for patent work.
(2) damages for patent cases can be very large. Damages can often break a company.
I read the post and he says some things that are simply wrong. For example the following statement:
"In order to be infringing on a patent, a person or entity must be infringing on every one of the claims that are linked together. Thus, an infringement would need to be on all of claims 1-10, or all of claims 11-20, or all of claims 21-23 for this patent."
is, in my humble opinion, wrong wrong worng!!! If you hang your hopes on the above you will have a nasty surprise waiting for you.
By the way, I am a patent attorney, but none of the above is legal advice. Just some friendly advice to get a lawyer.