罄竹(在很想放"利趣")＠真做利

2008-10-14 16:36:10| 人734| 回0 | 上一篇 | 下一篇

罄竹(在很想放"利趣")

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COMMONWEALTH SCIENTIFIC AND INDUSTRIAL RESEARCH ORGANISATION,

BUFFALO TECHNOLOGY (USA), INC.

and BUFFALO, INC.,

DECIDED: September 19, 2008

『Buffalo’s counsel later stated that the stipulation permitting the court to decide any fact issues that might arise applied only to those issues on which Buffalo had moved for summary judgment. Those issues included infringement, anticipation, and invalidity because of a written description violation based on the alleged introduction of new matter. But with respect to obviousness, as to which Buffalo did not file a cross-motion for summary judgment,』

Buffalo的律找了好篇prior art做合攻CSIRO的利，不要求做obviousness的summary judgment。他是在想什?一直到要permanent injunction才想到。也因此即使CAFC引用KSR的判例合prior art，也只能撤permanent injunction，法判CSIRO的利效。

『But with respect to obviousness, as to which Buffalo did not file a cross-motion for summary judgment, Buffalo’s counsel stated that “any factual issues that came up in the context of obviousness would be reserved for later adjudication.” After a brief colloquy between the court and counsel, it was agreed that the court would not make findings of fact on obviousness,』

Buffalo的律步性要等到後的判再，果是法官就定不步性的了。What a stupid counsel，不知道二不能提心的？

『Before the district court, Buffalo could have argued both (1) that the phrase “confined multipath transmission environment” does not mean “indoor environment,” and (2) that, in any event, the environment of use defined in the preamble should not be treated as a separate limitation. But Buffalo made only the first argument. It has therefore waived the argument that the relevant language in the preamble does not limit the claims.』

Preamble中的述不能拿限claim，可惜Buffalo的律一始不知道，知道的候已太了。

『Under the correct analysis, the Court wrote, “any need or problem known in the field of endeavor at the time of invention and addressed by the patent can provide a reason for combining the elements in the manner claimed.” Id. at 1742.』

域已知的需求及都可以拿作合的理由。所以，除非是世界上第一位的人，否不能再以缺乏合的作缺乏步性的答的理由。

『To the contrary, the Court explained, “familiar items may have obvious uses beyond their primary purposes, and in many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle. . . . A person of ordinary skill is also a person of ordinary creativity, not an automaton.” Id.』

也不能以目的不同作缺乏步性的答的理由。

『In Rault’s diagram of a receiver according to the described structure, Rault depicts a demodulator, a deinterleaver, and data reliability enhancement mechanisms, in that order. The reverse sequence of structures in the corresponding transmitter would be lined up in exactly the order recited in the asserted claims of the ’069 patent.』

Demodulator可以作揭露modulator的？有趣！

『CSIRO argues that Buffalo’s references do not “show structure corresponding to the structure found for the means-plus-function elements of the patent.” CSIRO is apparently referring to the structures disclosed in the specification of the ’069 patent that correspond to the modulation means, the data reliability means, and the interleaving means. One of the inventors testified, however, that interleaving, multi-level modulation, and data reliability enhancement in the form of forward error correction were all well known in the art at the time of the invention. He added that the elements that performed those functions in the system of the invention were also known in the art. In its brief to the district court, CSIRO made the same admission,』

如果means plus function的element是well known，即使保限定在明中相的，不同的也能作揭露的。要是means plus function的element不是well known，那又如何呢？

『The district court construed one of the means-plus-function limitations of the asserted independent claimsthe “means to apply data reliability enhancement” limitationas corresponding to the “[r]ate TCM (trellis coded modulation) encoder described in block 42 of Figure 7 and references at 6:32-46” of the ’069 patent. Buffalo does not dispute that its accused devices perform the function recited in that limitation. Thus, the question for infringement purposes is whether the devices have a structure that is identical or equivalent to the structure disclosed in the specification. Buffalo argues that its devices contain “convolutional encoders,” which are not the same as, or equivalent to, the structure identified in the specification of the ’069 patent.』

rate TCM (trellis coded modulation) encoder是“means to apply data reliability enhancement”於明中的，但是明中只其路包含TCM encoder，解那是什的西，而式中TCM encoder只是一框框，一框框的或其均等物是什？Buffalo的律在此又犯了一，他以means plus function於明中缺乏反利效。

『As noted by Buffalo’s own expert, Mr. Lanning, the rate TCM encoder discussed in the ’069 patent has two sub-components, each of which performs a distinct function. The first is a convolutional encoder, which the parties agree performs the data reliability enhancement function of the means-plus-function limitation. The second subcomponent performs what the parties have referred to as signal mapping. Buffalo argues that the functions of the two subcomponents of the rate TCM encoder are inseparable and therefore if its accused products do not perform both functions of the encoder as a whole, then the devices do not infringe the claims.』

不以缺乏反利效，其果就是打混仗，明中哪明示或暗示TCM encoder包含convolutional encoder？啊，就是一框框而已。加解的果就是法院means-plus-function limitation解的。

『With respect to that function, Buffalo has not offered any reason to conclude that the convolutional encoder in its products is not identical or equivalent to the convolutional encoder that is part of the data reliability enhancement means described in the patent. Although the trial court stated that the rate TCM encoder corresponds to the data reliability enhancement means, it is clear from the court’s discussion of the issue that it was comparing the separable convolutional encoding subcomponent of the disclosed rate TCM encoder to the accused devices.』

Buffalo的律再一次不眼，法院要的是造的convolutional encoder是否一，他偏要去扯什是rate TCM encoder。但是法院的定也很奇怪，既然定rate TCM encoder是data reliability enhancement means的，且data reliability enhancement means包含convolutional encoder及signal mapping subcomponent，而means plus function的保限定在及其均等物，要侵就要包含者才啊！