Subject: Re: quickly find what applications are affected by RSA
To: None <,>
From: Don Lewis <>
List: current-users
Date: 09/08/2000 11:29:09
On Sep 8,  2:50am, Thor Lancelot Simon wrote:
} Subject: Re: quickly find what applications are affected by RSA

} For a simple example, let's say I get a patent on a tubeless automobile
} tire using a valve with a flanged stem.  If you build a tire which will
} only accept a valve with a flanged stem, or which will leak if any other
} kind of valve is used, but do not sell it with the valve, you still 
} probably infringe my patent under the doctrine of contributory infringement.
} In ruling on this kind of issue, a court is particularly likely to find
} that you infringe if, for example, you sell your tire with an 
} advertisement loudly proclaiming that it is "designed to accept flanged-
} stem valves available from many suppliers!".
} In particular, if you're obviously inducing the people who use your
} product to infringe a patent by modifying it, and especially if you
} *give them instructions* for modifying it in such a manner that it
} infringes, the courts are likely to take a very dim view of your
} actions.

What if you (the patent holder) gave away flanged-stem valves free to
owners of personal autos and only required taxi cabs to purchase your
"professional grade" valves?  What if a large percentage of these tires
were sold in foreign countries where your patent isn't valid?  I think
this would weaken your case against the tire company considerably since
a large percentage of the tire company's potential customers could use
those tires without infringing on your patent, and at best you could
only recover damages based on the taxi cabs that used either the
personal grade or imported valves.  Personal autos using imported valves
would also infringe, but I think you'd have a hard time getting a damage
award for that.