[Shacs] Patent Infringement Notics
Binkley, Jeremy
JMBinkle at Central.UH.EDU
Thu Nov 23 12:23:04 CST 2006
Dr. David Burris,
I am writing to inform you that your teaching, use, and required use by
students of Doubly Linked Lists in your Data Structures class is an
infringement of LSI Logic Corporation's Patent Number 7028023. Your
actions infringe upon all claims included in the patent and you must
cease and desist immediately. If you refuse to discontinue said
infringing actions LSI will pursue all available legal remedies.
Sincerely,
Counsel for LSI
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Here's the patent:
http://www.patentstorm.us/patents/7028023-fulltext.html <--Patent Storm
http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL
&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=7028023.PN.&OS=PN
/7028023&RS=PN/7028023 <--USPTO
And the /. Article
http://yro.slashdot.org/article.pl?sid=06/11/23/1546218&from=rss
If you read through the patent itself I think the /. poster is incorrect
in his classification of the claims as a true doubly-linked list. It may
still be construed as claiming a type of doubly-linked list, but based
on my quick refresher on doubly-linked lists I don't think that is the
case. While *I* think data structures and algorithms should be
unpatentable, there are specific tests for such patent applications. For
a discussion on relevant case law, see here:
http://library.findlaw.com/1999/Sep/1/130274.html. I would imagine these
claims could be classified as an abstract idea (and should be).
While this may seem ridiculous, remember that just because a patent is
granted doesn't mean it is written in stone. Patents are often found
invalid by the courts (approx. 45% of litigated patents are found to be
invalid).
Anyway, just thought some of y'all may be interested in this.
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