What does it mean to "infringe" a patent?

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  • Cassie
    Confirmed User
    • Mar 2003
    • 3139
    #1

    What does it mean to "infringe" a patent?

    If you are accused of patent infringement, you are accused of having made, sold or offered for sale an invention described in one of the claims of a valid patent, without the patent owner's authorization. To determine if infringement has occurred, a court will look at the patent's claims, interpret them, and compare them to your device, process, method etc. Infringement occurs if your accused item performs each of the elements of any of the claims. Note that you may be liable for inducing infringement or contributing to infringement, even if you did not directly infringe a patent, if you encourage or assist someone else to infringe a patent.

    source: chilling effects

    anyone here selling, sold or is making available for sale the platform in which to stream media of any kind over the internet?
    ICQ: 309756847
    ]
    Tags: None
    • juicylinks
      So Fucking Banned
      • Apr 2001
      • 122992
      #2
      Cassie witht he scum known as lawyers they can twist anything to mean what they want it to mean. Sad but true with the legal system today.

        Comment

        • LadyMischief
          Orgasms N Such!
          • Sep 2002
          • 18135
          #3
          Originally posted by juicylinks
          Cassie witht he scum known as lawyers they can twist anything to mean what they want it to mean. Sad but true with the legal system today.
          I think the word you're looking for is "sophistry", juicy And that doesn't infringe any patents :P

          ICQ 3522039
          Content Manager - orgasm.com
          [email protected]

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            • Cassie
              Confirmed User
              • Mar 2003
              • 3139
              #4
              Originally posted by juicylinks
              Cassie witht he scum known as lawyers they can twist anything to mean what they want it to mean. Sad but true with the legal system today.
              i will agree with you on that, but it's a good start to know what it means and how those people trying to strong arm this biz may try to "reword" this for their own benefit.
              ICQ: 309756847
              ]

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                • juicylinks
                  So Fucking Banned
                  • Apr 2001
                  • 122992
                  #5
                  Originally posted by LadyMischief


                  I think the word you're looking for is "sophistry", juicy And that doesn't infringe any patents :P
                  I am biased against all lawyers. last year I was involved in a lawsuit that took alot of money out of my lapdance fund.

                  I hate them , i really really do. And i also hate process servers, ding dong at 10 pm ..who is it? Process server... FUCK SHIT

                    Comment

                    • juicylinks
                      So Fucking Banned
                      • Apr 2001
                      • 122992
                      #6
                      Originally posted by Cassie


                      i will agree with you on that, but it's a good start to know what it means and how those people trying to strong arm this biz may try to "reword" this for their own benefit.
                      There has to be a countersuit filed and media attention brought to this issue to bring it into the light. Once the big mainstream companies see this and realize they might be next acacia might start running

                        Comment

                        • Cassie
                          Confirmed User
                          • Mar 2003
                          • 3139
                          #7
                          Originally posted by juicylinks


                          There has to be a countersuit filed and media attention brought to this issue to bring it into the light. Once the big mainstream companies see this and realize they might be next acacia might start running
                          in reading one of the other posts on here, it sounds like they are trying to file what in essence is a gag order among webmasters.


                          i have heard court dates of the 28th and the 8th of aug; either of these correct and what may the court dates entail?
                          ICQ: 309756847
                          ]

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                            • Atari
                              Registered User
                              • Jul 2003
                              • 56
                              #8
                              Originally posted by Cassie
                              If you are accused of patent infringement, you are accused of having (made), an invention described in one of the claims of a valid patent

                              Do you need someone to draw you a picture or something?


                              If you have a webserver wit movies or audio on that server ready for people to download or stream, then you have "made" the invention described in one of the claims of Acacias currently valid patent.


                              What is wrong with some of you people with these bright ideas?


                              Just donate to the IMPA. Fish & Richardson are far more expierienced at invalidating patents than you are.

                              And they do it using the law that they have studied for the past 125 years, and not some mumbo-jumbo "I read a couple things.. Acacia's going to be sorry now!".

                              From F&R's page:

                              Fish & Richardson P.C. is a national law firm with 300 lawyers in eight offices: Boston, Dallas, Delaware, New York, San Diego, Silicon Valley, Twin Cities, and Washington, DC. The firm is one of the largest firms practicing intellectual property, litigation, and corporate law and the only firm with a truly national intellectual property practice. Founded in 1878, the firm represented Thomas Edison, Alexander Graham Bell, and the Wright Brothers. For 125 years we have served great innovators, helping to protect countless ideas, nurture discoveries, and bring new concepts to market. The firm prosecuted and litigated many of the fundamental patents of an industrialized America, serving corporations creating the cutting-edge technologies of the day: the telephone, the air-brake, the steam turbine, the automobile, and the radio. Frederick Fish, the firm's founder, was for many years the acknowledged leader of the patent bar of the entire country at a time when patents were more important than they had ever been. Today, the firm continues to represent great innovators working in cutting-edge technologies

                              Translation?

                              "We are probably the best IP law firm in the free world"

                              The best isn't cheap. See sig & donate to the IMPA

                                Comment

                                • Cassie
                                  Confirmed User
                                  • Mar 2003
                                  • 3139
                                  #9
                                  jesus....take it easy. no reason for you to be rude. we were having a general discussion.

                                  and i am sorry, i disagree with you; i haven't made anything. i am using the program which i purchased from a seller (ie, microsoft, anyone that sells a java applet, etc...) and i purchased the host space in which to stream these videos. i did not make the platform, i am not selling the platform and i have no intention of selling the platform that streams videos in any manner. if they want to target people, target those who make this platform available to people like me and even then, i disagree with that cause these platforms were available long before these patents were.

                                  BUT, i guess we shall all see what the courts decide....
                                  ICQ: 309756847
                                  ]

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                                    • Scootermuze
                                      Confirmed User
                                      • Dec 2001
                                      • 4513
                                      #10
                                      Originally posted by juicylinks


                                      There has to be a countersuit filed and media attention brought to this issue to bring it into the light. Once the big mainstream companies see this and realize they might be next acacia might start running
                                      You can bet yer booty that the biggies know about it.. Their lawyers are already set to respond forthwith..

                                      They're just sitting back right now because they don't sweat the small stuff, which this probably is to them at this point. They know they can turn these guys every way but Hell, west, and crooked.. which is why Acacia isn't going after them.

                                      No need for them to respond to something they haven't been served with.

                                        Comment

                                        • John3
                                          Confirmed User
                                          • May 2003
                                          • 1214
                                          #11
                                          Originally posted by Cassie
                                          jesus....take it easy. no reason for you to be rude. we were having a general discussion.

                                          and i am sorry, i disagree with you; i haven't made anything. i am using the program which i purchased from a seller (ie, microsoft, anyone that sells a java applet, etc...) and i purchased the host space in which to stream these videos. i did not make the platform, i am not selling the platform and i have no intention of selling the platform that streams videos in any manner. if they want to target people, target those who make this platform available to people like me and even then, i disagree with that cause these platforms were available long before these patents were.

                                          BUT, i guess we shall all see what the courts decide....
                                          Cassie, I don't think he was trying to be rude, and neither am I. Blunt might be a better term - you're just flat out wrong. Even if you have a law degree, which I doubt, patent law is a very complicated area of legal specialization.

                                          Hook 'em.

                                            Comment

                                            • Cassie
                                              Confirmed User
                                              • Mar 2003
                                              • 3139
                                              #12
                                              Originally posted by John3

                                              Cassie, I don't think he was trying to be rude, and neither am I. Blunt might be a better term - you're just flat out wrong. Even if you have a law degree, which I doubt, patent law is a very complicated area of legal specialization.
                                              i dont have a law degree, that is why i am waiting to see what the courts decide

                                              talk about a world changing year....
                                              ICQ: 309756847
                                              ]

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                                                • Cogitator
                                                  Confirmed User
                                                  • Feb 2002
                                                  • 672
                                                  #13
                                                  I thought it meant putting that frilly stuff around the "fringes" of the patent?
                                                  - this space intentionally left blank -

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                                                    • FlyingIguana
                                                      aspiring banker
                                                      • Mar 2002
                                                      • 10870
                                                      #14
                                                      Originally posted by juicylinks


                                                      There has to be a countersuit filed and media attention brought to this issue to bring it into the light. Once the big mainstream companies see this and realize they might be next acacia might start running
                                                      or maybe they'll stop before they get to the big companies and be happy that porn sites won't show up to court

                                                      so far its been like shooting fish in a barrel

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