When Your Previous Thesis Interferes With Your Current Thesis
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Comic Transcript
DORIAN: Your Honor, my clients claim that the Ubersoft Marketing Language uses the same process for separating content from reality that is covered under our patent. As they do not currently have a licensing agreement with us to use our patent in their technology, they are violating patent law.
VIKTOR SCHRECK: Your Honor, the difference between the output of the process covered under their patent and the output of the UML clearly shows they are not the same process. The UML creates output that is directly useful to Ubersoft's business processes.
DORIAN: Your Honor, refining a process to produce better results is not the same thing as creating an entirely different process. While we acknowledge the UML is more generally useful to Ubersoft's needs, it is still base don a process my clients patented, and as such my clients are entitled to relief.
VIKTOR SCHRECK: Your Honor, certain vague similarities between the two processes are not enough to prove patent infringement.
DORIAN: That hasn't been Ubersoft's position in cases where it has brought suit against companies it claims were violating its own patented processes.
JUDGE: Is that true, councilor?
VIKTOR SCHRECK: At this point I would like to ask the court for a brief recess.









Comments
Oops :) This does not bode
Oops :)
This does not bode well for Victor's future, nor Ubersoft's...
And the plot thickens
It is looking like Victor has finally met his match, Dorian is good.
Why not just claim "Prior Art"
That's what happened to me once. Parallel development towards the same solution.
Ubersoft's position in those cases is secondary.
It is the ruling of the courts in those cases that would hold sway. The lawyer is necessarily biased for his own client. But if he lost the cases because vague similarities are not enough to prove infringement, he has every reason to use the ruling where it helps him. (No fan of Ubersoft -- I just want them to lose fairly.)
I've been doing so many courtroom jokes lately
that I'm going to have to go to law school just to get the context right. :-)
I suspect if legal scholars went through my entire archive of courtroom gags they would be dismayed at the lack of legal knowledge I display. That said, based on some of the articles I've read concerning technology court cases I may find myself in the company of a disturbing number of lawyers and judges...
This is turning into a long
This is turning into a long brief recess! :) By the way, spambots are above.