Originally posted by smitty3268
View Post
Developing an alternative means to acheive an end result doesn't invalidate a patent. You can't patent an end result, only an exact means to acheive that end result.
Once an original work exists then by definition there won't be a patent lawsuit. At which point you won't be able to distribute it until a court determines it's necessary for interoperability and I think in this scenario that argument can be made and won. Interoperability would be the only thing a court would need to get involved in. Reverse engineering is already legal, clean room techniques would ensure no patent encumbrance and provide proof of it. That leaves only interoperability as the legal issue and once that is determined you'd be able to legally distribute it.
Comment