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DrQuine
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Re: Software / Hardware Challenge
DrQuine   12/10/2013 8:43:55 PM
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I appreciate that the abacus has prior art (counting units on fingers and tens on feet). My mind experiment was to ask a question about the migration of an insight regarding physical objects to a software representation. If the physical abacus were invented in an innovation vacuum with no prior art, I would think that another inventor's software representation would be infringing to the first inventor. Likewise, if there were no related prior art and I invented the iPhone abacus APP, I would consider a physical stone and wood model to infringe my software version.

Scott SG.
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How about firmware?
Scott SG.   12/10/2013 11:57:21 AM
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What I really want to know is if this case will have ramafications for Apple vs. Samsung or other recent high profile cases where, for instance, UI is executed within software / firmware.

rick merritt
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Software patents
rick merritt   12/10/2013 1:40:04 AM
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I'd love to hear experiences from people who have gotten or filed for software patents

betajet
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Re: Software / Hardware Challenge
betajet   12/9/2013 11:14:48 PM
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The abacus is an improved method of counting compared to moving stones (called calculi by the Romans :-) around on an unconstrained surface.  But there are many ways of constraining how stones move, and I bet people had already been using others (such as grooves and pits) long before the advent of metal-working permitted beads on wires.  An abacus simply automates a mathematical counting process already understood, and it's perfectly legal for others to automate that same mathematics using other physical hardware.

DrQuine
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Re: Software / Hardware Challenge
DrQuine   12/9/2013 10:40:31 PM
NO RATINGS
I'm sure that other readers can think of better examples, but the one that comes to mind is the abacus. If you were the first person to invent the abacus, wouldn't a software abacus APP on a smart phone violate your invention even though it contained no beads, no metal rods, no wooden frame, no corner brackets, and no moving parts? It seems to me that as soon as many physical inventions are disclosed that the software implementation suddenly becomes "obvious".

betajet
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Re: Software / Hardware Challenge
betajet   12/9/2013 9:49:53 PM
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If I invent a piece of hardware that does something physical, your software could not possibly do the same thing because software by itself does not have a physical manifestation -- it just does mathematics.  So as a non-lawyer, I cannot see how it can infringe since it does not actually do anything physical.  If you add hardware to your software so that it then does the physical thing my hardware does, it's no longer software-only and could then possibly infringe.

JMO/YMMV/IANAL

DrQuine
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Software / Hardware Challenge
DrQuine   12/9/2013 9:30:25 PM
NO RATINGS
The issues raised by this case are clearly keeping the lawyers busy. I'd like to pose a simpler question. If you invent a piece of hardware and get a patent on it, should I be able to implement the same invention in software and get around your patent?

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As data rates begin to move beyond 25 Gbps channels, new problems arise. Getting to 50 Gbps channels might not be possible with the traditional NRZ (2-level) signaling. PAM4 lets data rates double with only a small increase in channel bandwidth by sending two bits per symbol. But, it brings new measurement and analysis problems. Signal integrity sage Ransom Stephens will explain how PAM4 differs from NRZ and what to expect in design, measurement, and signal analysis.

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