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Friday, June 06, 2014 4:18:27 PM
1) Flp is correct that the referenced patent is a "Design Patent"
2) And you are certainly correct that pursuing a design infringement claim could be expensively counterproductive
3 It appears this Capstone patent may be too explicit for its own good as a review of the 19 pages of drawings will indicate.
4) Reference the epic, terribly expensive battle between Apple and Samsung over the iPhone design where:
Design patents with line drawings cover only the features shown as solid lines. Items shown as dotted lines are not covered. This is one of the reasons Apple was awarded a jury verdict in the US case of Apple v Samsung. Apple's patent showed much of their iPhone design as broken lines. It didn’t matter if Samsung was different in those areas. The fact that the solid lines of the patent were the same as Samsung's design meant that Samsung infringed the Apple design patent.[1]
5)The more viable patent for Capstone to hang their hat on would be
http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&co1=AND&d=PTXT&s1=Wallach&s2=Capstone&OS=Wallach+AND+Capstone&RS=Wallach+AND+Capstone
All truth passes through three stages. First, it is ridiculed. Second, it is violently opposed. Third, it is accepted as being self-evident. - Arthur Schopenhauer (1788-1860)
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