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To: rhet0ric who wrote (11448)6/13/1998 10:32:00 AM
From: Dave  Read Replies (1) | Respond to of 152472
 
rhetOric:

RE: Does inventing an "unobvious modification" release that inventor from the original patent restrictions?

It depends, but the way you have worded your question I would say yes. But It can release that party if one thinks up a different way to do the same end result. Mind you, there are an infinite number of paths between two points, the most obvious is a straight line.

RE: "Or, what effect does that have on the validity of the original patent, if any?"

The holder of the original patent will still retain his/her rights, but now there is a completely different process of doing the same thing.

For example, in wireless communications. First there was cordless phones back in the 70s. Well, someone came up with the idea for a wireless phone/infrastructure and a multitude of patents were issued. Next came analog communications within wireless and more patents were issued. Next TDMA...Next GSM...Next CDMA....do you get the picture? All these methods of communication serve the same purpose. They allow the user to move about and not wait by their fixed, wireline phone.....

Furthermore, do you remember MOT is suing QCOM for patent infringement b/c of QCOM's design of the Q phone? Have you seen a Q phone? Have you seen a Star Tac? Go to your local best buy and take a look. Those appear to be very similiar devices. I'll see if I can do some reserach and find MOT's design patent on their phone....

dave