Brad,
Here is a comparison that shows why I think an explorer download infringes. This is just my opinion, and GIFT may have good reasons not to pursue MSFT. But, I do think they infringe. I should add, that even though the claims do not require payment, a jury is more likely to find for GIFt when payment is made because its closer to what the patent describes in detail. Even though the patent's detailed description is not supposed to limit the claims, it affects the jury's outlook.
Here is claim one (in uppercase) with my comparison to an explorer
download. Some terms refer to my previous posts where I have
looked at what the claim language means.
1. A METHOD FOR REPRODUCING INFORMATION IN MATERIAL OBJECTS
UTILIZING INFORMATION MANUFACTURING MACHINES LOCATED AT POINT OF
SALE LOCATIONS, The material object is the hard drive with Explorer
downloaded onto it. The point of sale is the user's PC. Previous
posts explain in more detail.
COMPRISING THE STEPS OF: This means the user must do at least the following steps, but does not avoid infringement by adding other steps.
PROVIDING FROM A SOURCE REMOTELY LOCATED WITH RESPECT TO THE
INFORMATION MANUFACTURING MACHINE THE INFORMATION TO BE REPRODUCED
The MSFT server has the program, and is not located near the user's
PC.
TO THE INFORMATION MANUFACTURING MACHINE,
The download transfers the program to the user's PC.
EACH INFORMATION BEING UNIQUELY IDENTIFIED BY A CATALOG CODE;
I am guessing that MSFT uniquely identifies each download, whether
it be by a unique file name or a unique directory. Either the file
name or the directory would be a catalog code.
PROVIDING A REQUEST REPRODUCTION CODE INCLUDING A CATALOG CODE
UNIQUELY IDENTIFYING THE INFORMATION TO BE REPRODUCED TO THE
INFORMATION MANUFACTURING MACHINE REQUESTING TO REPRODUCE CERTAIN
INFORMATION IDENTIFIED BY THE CATALOG CODE IN A MATERIAL OBJECT;
Clicking on the download link causes the request to be sent to
MSFT's server. Based on the link, the program is uniquely
identified.
PROVIDING AN AUTHORIZATION CODE AT THE INFORMATION MANUFACTURING
MACHINE AUTHORIZING THE REPRODUCTION OF THE INFORMATION IDENTIFIED
BY THE CATALOG CODE INCLUDED IN THE REQUEST REPRODUCTION CODES; AND
See my previous posts, and others responses, discussing whether a
secured or unsecured internet transactions meet this limitation.
RECEIVING THE REQUEST REPRODUCTION CODE AND THE AUTHORIZATION CODE
AT THE INFORMATION MANUFACTURING MACHINE AND REPRODUCING IN A
MATERIAL OBJECT THE INFORMATION IDENTIFIED BY THE CATALOG CODE
INCLUDED IN THE REQUEST REPRODUCTION CODE IN RESPONSE TO THE
AUTHORIZATION CODE AUTHORIZING SUCH REPRODUCTION.
In response to clicking on the link the program is downloaded.
Note that the claim does not require payment. (other claims may,
but you only need to infringe one).
GRC |
