There is an interesting question in the comments...one of the patent claims specifies incrementing a counter - so is decrementing the counter instead a valid workaround? 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.
24 Claims of Lodsys '565 Patent Rejected
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Re: 24 Claims of Lodsys '565 Patent Rejected
#12There is an interesting question in the comments...one of the patent claims specifies incrementing a counter - so is decrementing the counter instead a valid workaround? 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.
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
#13There is an interesting question in the comments...one of the patent claims specifies incrementing a counter - so is decrementing the counter instead a valid workaround? 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.
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
#14Can someone explain dependent and independent claims to me?
An independent claim stands alone. For example, if you had invented the bicycle, an independent claim might look something like this: 1. A device for transportation consisting of two wheels joined by a frame on which one or more passengers sit. A dependent claim depends on an another claim. Here's an example that depends on the above independent claim: 2. The device of claim 1 where one of the wheels is in the front…
It's very common in patents to only really have invented the last claim - all the previous claims are thrown out but the last one stands. It's partly an easy way of getting all your points across logically and partly a tactic of having some ground to give up in a legal battle
Re: 24 Claims of Lodsys '565 Patent Rejected
#15There is an interesting question in the comments...one of the patent claims specifies incrementing a counter - so is decrementing the counter instead a valid workaround? 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.
[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
#16Earlier quoted context omitted.
Semantics. Are you decrementing the counter by a positive number, or incrementing it by a negative number?
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
#17Earlier quoted context omitted.
Semantics. Are you decrementing the counter by a positive number, or incrementing it by a negative number?
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?
It's why every second word in a patent is "substantially"
Re: 24 Claims of Lodsys '565 Patent Rejected
#18There is an interesting question in the comments...one of the patent claims specifies incrementing a counter - so is decrementing the counter instead a valid workaround? 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.
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_equiva…
Re: 24 Claims of Lodsys '565 Patent Rejected
#19Re: 24 Claims of Lodsys '565 Patent Rejected
#20There is an interesting question in the comments...one of the patent claims specifies incrementing a counter - so is decrementing the counter instead a valid workaround? 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.