On 8/21/2011 2:46 AM, Matthew Rogers wrote:
> Like I explained previously, as it's a METHOD patent you have to be
> following the METHOD EXACTLY.
I discussed this with our lawyer and you are right. However, he also
explained that it isn't nearly so simple as that.
To begin, patent writers try to make their patents as expansive as
possible. Many have claimed that the '400 patent only affects those who
use two fisheye images back to back. That is the only method they
demonstrate. However, claim #1 says "capturing images surrounding an
origin point in AT LEAST two hemispheres..." They also say, "More images
may be taken as well, however, two images will be illustratively
described throughout this disclose, for simplicity." TTS has taken that
even further to say that any number of images shot with any type of lens
is covered by the patent. Clearly the patent doesn't cover that. TTS
says it clearly does. So.... let a judge decide. You are still in court
with all the associated costs.
In other words, you may be able to confidently defend against a suit in
the way you describe but you still have to pay a lot to do so. TTS is
counting on enough people being afraid of that that they will fold
rather than fight.
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