Re:24 Claims of Lodsys '565 Patent Rejected
by slapshot on Monday October 17, 2011 @04:41PM
(#3122361)
There is a doctrine in patent law called the "doctrine of equivalents." [1] In short, it limits the ways you can use obvious work-arounds. In practice, it's very complex because there are often good reasons why they specified an "incrementing" counter rather than "any counter," but the idea is that you can't make a trivial change to get around the bulk of a patent.*
[1] http://en.wikipedia.org/wiki/Doctrine_of_equivalents
* I am not your lawyer, get a lawyer, etc.
Re:24 Claims of Lodsys '565 Patent Rejected
by JoshTriplett on Monday October 17, 2011 @05:00PM
(#3122440)
If the "obvious" in "obvious work-arounds" matches the "obvious" used to determine patentability in the first place, we're safe.
Semantics. Are you decrementing the counter by a positive number, or incrementing it by a negative number?
Re:24 Claims of Lodsys '565 Patent Rejected
by xenophanes on Monday October 17, 2011 @04:32PM
(#3122319)
Yeah that's the point. Sometimes semantics distinctions matter to the law. So can you just decrement by a negative number to get around it, legally?
Re:24 Claims of Lodsys '565 Patent Rejected
by nobody314159 on Monday October 17, 2011 @04:45PM
(#3122377)
Semantics especially matter in patents.
There is a famous historical case where a patent specified a horizontal beam - since you can never have a perfect horizontal beam in a real machine everyone was free to break it.
It's why every second word in a patent is "substantially"
Re:24 Claims of Lodsys '565 Patent Rejected
by binarymax on Monday October 17, 2011 @04:33PM
(#3122320)
I would interpret the 'increment' in the claim to mean increase (by a positive amount). The proposed workaround would start at the end and decrease the counter.
Re:24 Claims of Lodsys '565 Patent Rejected
by MichaelApproved on Monday October 17, 2011 @05:06PM
(#3122459)
Any workaround would help going forward but there's still the issue of past infringement. Invalidating the patents fixes both those problems.
EDIT: thinking more about this, what if you pushed/popped them with a stack, or FIFO'd them with a queue. Seems there are various ways around the increment semantics.