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From Joe Schaefer <joe_schae...@yahoo.com>
Subject Re: Open Source, Patents and "Patent Exhaustion"
Date Fri, 11 Apr 2008 02:22:59 GMT
--- "Geir Magnusson Jr." <geir@pobox.com> wrote:

> 
> On Apr 10, 2008, at 9:25 PM, Joe Schaefer wrote:

> >  The
> > question is whether or not section 3 places
> > limits on the rights conferred in section 2.
> > Not sure why you needed a questionnaire instead
> > of just making the statement "it does" outright.
> 
>  Well, that perspective on the problem seems to be a
>  recent way to look at it.
>  Previous arguments tended to appeal to
> "patent exhaustion" and similar.

Patent exhaustion is an interesting subject that
SCOTUS has just decided to take up in Quanta vs. LG.
The situation there is that Intel purchased a full
license to all of Quanta's patents,  and sold a 
chip which included a FOU notice to the effect 
of "must only be used with other Intel products".
Well Quantas bought the chips and ignored the 
notice, and LG sued them for infringement on 
patents related to the chip but not directly
infringed by it.  Quantas' defense was based
entirely on patent exhaustion.  It'll be 
interesting to see who prevails.

[1]http://www.supremecourtus.gov/oral_arguments/argument_transcripts/06-937.pdf






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