Your DDoP attack would essentially work, at least under the current US system of things. Having an actual built and tested thing is not required. A patent cla

Your DDoP attack would essentially work, at least under the current US system of things. Having an actual built and tested thing is not required. A patent claim (a numbered thing at the back of a patent), is, at its core, a paragraph. The claim/paragraph is "the invention" and something that is captured by that claim is "an embodiment of the invention." If you were trying to invalidate a patent claim and you had a choice between A) that exact same paragraph or B) a thing that literally did what the paragraph said, you would almost always go with "A". The problem with B is that you have to map it to that paragraph to see if they are the same thing. That would entail substantial argument and would potentially require a jury to find the fact that B = A or B != A.