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Re: TomTom to contest Microsoft patent lawsuit ..

From: amicus_curious
Subject: Re: TomTom to contest Microsoft patent lawsuit ..
Date: Sun, 15 Mar 2009 11:38:33 -0400

"Doug Mentohl" <> wrote in message news:gpj4s7$scb$
amicus_curious wrote:

That's assuming Tom-Tom are found guilty. The code would be available on the server. All MS has to do is point it out. As such and in a court of law, it is up to the plaintiff to prove the case not the other way round.

Yes. I said "if Tom-Tom were found to be infringing...". Could they avoid paying by getting all their customers to download new, non-infringing firmware? NO is the answer.

No one can be sued for distributing 'non-infringing firmware', your statement is legalistic nonsense ..
I think you have the bull by the wrong horn here. The issue is not whether the suit would continue if the software were noninfringing, but rather that it is not reasonably possible to create the non-infringing firmware. The patent is on what the firmware does, not on how it is written. And there is the ancillary issue of how TomTom could ensure that all their customers had done so.

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