Re: patent infringement case (was "Simulink")

[David Bateman]

Going deeper, reading page 6 of the courts opinion available at

http://cafc.bna.com/03-1540.pdf

It states

<quote>
Evidence at trial established that the Simulink software - in ordinary use 
as intended by MathWorks - infringes claims of '221, '336 and '568 patents
and, therefore, the trial court did not abuse its discretion in determing
that an injunction against sales of Simulink is necessary to prevent future
infringement. MathWorks claims that Simulink "has myriad applications that
would not infringe the method claims," so the injunction should be narrowly
tailored. The trial court was cognizant of these arguments and nonetheless
determined that "the scope of the injucntion remains that which is necessary
to deter future infringement." Opinion and Order. The permanent injunction
used specific terms and described with reasonable detail the acts sought to
be restrained and limited its prohibition to the infringing Simulink software;
all the while allowing a limited amount of ongoing service to existing
Simulink users. See, e.g., Additive Controls & Measurements Sys. v. Flowdata,
Inc., 986 F.2d 476, 479 (Fed. Cir. 1993) (analyzing teh requirements of Fed.
R. Civ. P. 65(d)). To the extent Simulink may have noninfringing uses, the
burden rests with MathWorks to avoid the injunction by seperating out the
infringing uses through reprogramming or the like.
</quote>

As this was the opinion of the Appeal, Mathworks should have officially 
stopped selling Simulink in its current form. This is really bad news for
them..

D.



According to Mike Miller <address@hidden> (on 09/21/04):
> On Tue, 21 Sep 2004, Andrey Romanenko wrote:
> 
> >And by the way, I am wondering what is going to happen to Matlab 
> >Simulink and Scilab Scicos in light of the recent patent infringement 
> >case that NI won...
> 
> I hadn't heard about it until now.  Here is a page from NI:
> 
> http://digital.ni.com/worldwide/bwcontent.nsf/5076c193a6bfa57486256a7000512ca4/03b9a7c68030c42d86256f08006499cd?OpenDocument
> 
> Here's the MathWorks page on the case:
> 
> http://www.se.mathworks.com/company/pressroom/articles/article7951.html
> 
> So, MathWorks will "make modifications to the Simulink product," and they 
> will continue to support it and develop it.
> 
> Mike
> 
> 
> 
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