Timeline for Possible US patent infringement and German company
Current License: CC BY-SA 3.0
15 events
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Apr 13, 2017 at 12:54 | history | edited | CommunityBot |
replaced http://patents.stackexchange.com/ with https://patents.stackexchange.com/
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Jan 22, 2014 at 8:42 | answer | added | westsomething | timeline score: -3 | |
Oct 25, 2013 at 13:27 | comment | added | Jochen Reich | Is the case settled or still pending? Regarding what you called hardware/software bundle you might be interested in that case: epo.org/law-practice/case-law-appeals/pdf/t971173dp1.pdf Of course software never comes alone but always on some kind of medium/ hardware. My very personal opinion is that such an application will never be allowable in germany. | |
Jul 22, 2013 at 16:15 | answer | added | Constantine | timeline score: 1 | |
Feb 26, 2013 at 10:18 | comment | added | infotiger | A patent is a territorial right. Period. But cloud computing and networks of networks add another layer of complexity to some scenarios. One cannot answer your question without looking at your system architecture and what happens where. | |
Feb 4, 2013 at 7:44 | comment | added | Ra_ | @kinkfisher: I totally get your point and you are absolutely right. There is imho one difference however: In EU you can only patent and sue against a hrdware / software bundle (say if we sell a NAS running our software). In the US it is easily possible to sue against software alone (that involves hardware at some point). But you are right that another big difference is the litigation environment... | |
Jan 31, 2013 at 19:49 | comment | added | kinkfisher | @Raph The "onsite backup" patent you originally cited is about hardware and software too; the claims clearly require "central" and "client" computers and "communications links", which are essentially hardware components. My point was that so-called "software patents" exist in many parts of the world outside the US, including the EU. Software not being patentable in the EU is a myth stemming from misunderstanding what "software per se" really means. The reason you don't have many lawsuits over patents like this in EU, though, is the litigation environment is very different (loser pays etc.) | |
Jan 31, 2013 at 8:34 | comment | added | Ra_ | @kinkfisher The main difference is that the patent is about hardware and software. Software per se is not patentable. But the patent you described is really scary, too. And really basic. Does not make me feel that the patent system in Ger is working either... Thanks! | |
Jan 30, 2013 at 3:18 | comment | added | kinkfisher | @Raph Allow me to disabuse you of that notion that "such kind of patents don't exist in Germany" with something a random 2-minute search turned up: google.com/patents/EP1540441B1?cl=de | |
Jan 23, 2013 at 21:54 | comment | added | Jay Smith-Hill | You should consult a licensed U.S. attorney with experience in defending against patent infringement allegations. If you deal with an attorney in Germany for other matters, consider asking him/her to get a referral for you. You should not, in any way, rely on legal advice given on an internet forum. | |
Nov 25, 2012 at 13:45 | history | tweeted | twitter.com/#!/AskPatents/status/272697448105922560 | ||
Nov 20, 2012 at 21:47 | comment | added | Ron J. | See related post re. foreign entity and US patents patents.stackexchange.com/questions/48/… | |
Nov 20, 2012 at 13:56 | history | edited | Ra_ | CC BY-SA 3.0 |
edited title
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Nov 20, 2012 at 13:44 | history | edited | Ra_ | CC BY-SA 3.0 |
added 11 characters in body
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Nov 20, 2012 at 13:34 | history | asked | Ra_ | CC BY-SA 3.0 |