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"Federal law doesn’t require someone to know of a patent to be found to have infringed it, and Intel purposely didn’t look to see if it was using someone else’s
by perl4ever 6y ago
"Federal law doesn’t require someone to know of a patent to be found to have infringed it, and Intel purposely didn’t look to see if it was using someone else’s inventions, he said. He accused the Santa Clara, California-based company of “willful blindness."
I realize this is not how it works, but if they purposely didn't look for infringement, and infringed, that seems to me like a pretty strong argument that the patented stuff was "obvious" to "one skilled in the art".
- wahern 6y agoIn the U.S. the phrase is "a person having ordinary skill in the art".[1] In other jurisdictions where this isn't explicit, it's usually implied that the benchmark is ordinary, average, or similar. [1] https://www.law.cornell.edu/uscode/text/35/103 https://www.law.cornell.edu/uscode/text/35/103
- perl4ever 6y agoSo...it could be assumed that everyone at Intel is extraordinary, but I think especially right about now, one could argue they are mostly pretty ordinary?
- deleted 6y ago[deleted]