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   Internet server in foreign country
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   Author  Topic: Internet server in foreign country  (Read 2814 times)
Karel Verweij
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Internet server in foreign country
« on: Sep 18th, 2007, 1:07pm »
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Hello all,
 
Can a US patent comprising an interactive service mechanism delivered via a website, be infringed by a foreign website offering the same? The foreign website being accessible to the US public via the internet?
 
So, does location of a webserver matter when internet is involved?  
And what if part of the mechanism would be realized via browser (client-side)-scripting?
 
Apart from my interest (I am evaluating the merits of creating a patent for a website I would want to make), I would think more people would be wondering, but I could not find anything on the net.
 
Somebody?
 
Thanks,
 
Karel
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Isaac
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Re: Internet server in foreign country
« Reply #1 on: Sep 18th, 2007, 1:16pm »
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A lot depends on the form of the claims.  For example claims written to capture client activity might be infringed regardless of where the server is located.
 
There is also the NTP vs. Rim case to consider in which infringement was found even though some portions of the infringing apparatus were located in Canada.
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Isaac
TataBoxInhibitor
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Re: Internet server in foreign country
« Reply #2 on: Nov 1st, 2007, 6:38am »
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Isaac:
 
Are you suggesting claim language that captures "users" actions here in the states?
 
Regards,
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JimIvey
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  jamesdivey  
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Re: Internet server in foreign country
« Reply #3 on: Nov 2nd, 2007, 11:44am »
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That's more or less the technology and live and breathe every day -- e-commerce stuff, web 2.0, etc.  A lot comes down to how you claim your technology.  I tend to look at the services and methods involving various actors.  I try to claim the novel/non-obvious aspects of methods from the perspective of various actors, including the client-side.
 
It's not a new problem and it's something I've dealt with for years.  It's hard to provide a generic answer as the correct answer is often specific to the particular novelty of the system in question -- i.e., is fact-specific.
 
The good news is that it's getting easier as more and more services are implemented in web 2.0 active pages executing on the client-side. To the extent the service requires an active client (and active in a novel way), web service patents will be easier to enforce despite extra-territorial servers.
 
Regards.
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James D. Ivey
Law Offices of James D. Ivey
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