George Neuner <gneuner@dyn.com> wrote:
+---------------
| >Regardless of one's development process or knowledge, if the subsequent
| >result matches the claims, it's infringing.
|
| It can be technically infringing and yet be allowed. Proof of clean
| or black box development is a valid defense.
+---------------
Sorry, it is *NOT*, at least not for patents in the U.S. I think you're
confusing it with copyright. A patent is an exclusive right to manufacture
and sell. Independent reinvention is no defense. (Neither is "obviousness",
at least, once the patent has been granted.)
Many companies (including one I worked for back in the early 80's) who
made CRT display terminals were surprised to get a little letter one day
from RCA because it turned out that RCA had a patent on (roughly) storing
fonts in ROM, and they wanted a cut from every terminal you shipped.
We had good patent attorneys. We still paid... :-{
-Rob
-----
Rob Warnock, 31-2-510 <rpw3@sgi.com>
SGI Network Engineering <http://reality.sgi.com/rpw3/> [until 8/15]
1600 Amphitheatre Pkwy. Phone: 650-933-1673
Mountain View, CA 94043 PP-ASEL-IA
[Note: aaanalyst@sgi.com and zedwatch@sgi.com aren't for humans ]