Subject: Re: Examples needed against Soft Patents
From: Seth Johnson <>
Date: Thu, 30 Dec 2004 13:07:11 -0500

Russell McOrmond wrote:
> On Thu, 30 Dec 2004, Seth Johnson wrote:
> > The software emulation will take external instructions just as
> > the chip will.  It will take input and generate output based on
> > those instructions.  In that sense it will be just like the new
> > chip.  But what's patentable is the concrete implementation in
> > the new chip, not the software that emulates it or for that
> > matter, the logical functions that the new chip delivers.
>   I am curious:  Has anyone ever heard of a hardware patent being used to
> claim infringement by a software emulation of that hardware?
>   Did such a case go to court, and if so what was the judgment?

Good question.  But I seriously doubt that anyone has filed that
case.  That would just create a situation in which our subject
area would actually be analyzed on its own terms!  :-)  And
whatever the outcome, it would be cited as precedent a lot,
wouldn't it?

But no, I don't know . . .



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