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  • Patent ruling update

    Read a very interesting article regarding patents here:
    Canadian Electronics Magazine - Make sure your patent marks are accurate or face the ?patent marking trolls?
    Good read for any one in production, or looking to sue someone for sketchy patents.
    My understanding is as follows. If an item has a patent marking, it may be subject to lawsuit if the patent is expired, the application has been abandoned, or if it has been updated in such way that the patent no longer applies.
    Made me think of a thread: (http://music-electronics-forum.com/t19104/) regarding an amp maker who had a type of circuit patented due to UL transformer circuitry and now it is rumoured that the UL winding has been bypassed.
    The ruling by the court of appeal means the fine will apply per item marked rather than per patent. The plaintiff receives half of the amount of total fine.
    Who wants to join the ranks of the "patent marking trolls"!
    Last edited by g1; 05-22-2010, 04:51 PM. Reason: add link
    Originally posted by Enzo
    I have a sign in my shop that says, "Never think up reasons not to check something."



  • #2
    No takers? The actual appeal court ruling is a fascinating read:
    http://www.bereskinparr.com/ENG/News...FC_09-1044.pdf
    It gives me the impression they are giving a financial incentive for the public to police bogus/expired patent markings.
    Originally posted by Enzo
    I have a sign in my shop that says, "Never think up reasons not to check something."


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    • #3
      another whistleblower law?
      "Stand back, I'm holding a calculator." - chinrest

      "I happen to have an original 1955 Stratocaster! The neck and body have been replaced with top quality Warmoth parts, I upgraded the hardware and put in custom, hand wound pickups. It's fabulous. There's nothing like that vintage tone or owning an original." - Chuck H

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      • #4
        Originally posted by g-one View Post
        Made me think of a thread: (http://music-electronics-forum.com/t19104/) regarding an amp maker who had a type of circuit patented due to UL transformer circuitry and now it is rumoured that the UL winding has been bypassed.
        I don't really consider the UL configuration as an important part of their invention. In my book, there would be more issues about them quoting a reference to prior art (a magazine article discussing essentially the very same circuit that they patented).

        And, Mesa at least DID have an actual patent, whereas several players in the industry like to slap that "patent pending" title to their products, allthough they don't really have anything pending. It's basically become one of those cathcy phrases like "mil-spec". Too bad it's also obstructing rightful competition so I'm all on the "patent trolls" side on this.

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        • #5
          We all might as well give up our electronics hobbies if we all plan to patent every possible electronic circuit in existence.

          Just like Harley Davidson trying to patent a sound...
          Jon Wilder
          Wilder Amplification

          Originally posted by m-fine
          I don't know about you, but I find it a LOT easier to change a capacitor than to actually learn how to play well
          Originally posted by JoeM
          I doubt if any of my favorite players even own a soldering iron.

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          • #6
            Originally posted by Wilder Amplification View Post
            Just like Harley Davidson trying to patent a sound...
            That was actually an attempt to trademark the sound of their engines, not patent it, but still, your point is a good one. I'm a HD fan, but that was simply ridiculous.

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            • #7
              Jon: I believe this is about preventing frivolous/bogus/expired patents rather than patenting everything. Also prevents little guys from lawsuits from big companies in some cases.
              As for the H-D attempt at patenting the sound of their particular degree of V-twin configuration, that was completely ridiculous.
              Originally posted by Enzo
              I have a sign in my shop that says, "Never think up reasons not to check something."


              Comment

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