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Authored by: Anonymous on Wednesday, April 10 2013 @ 12:51 PM EDT |
You took the claim language out of context, so, I'm a little bit out on a limb
because I don't know what the rest of the claims say. However, I'd bet if you
look at the claim you will find the word "comprising:"
In U.S. patent law, that is an open ended word meaning including.
An embodiment can have additional components and still infringe, as long as it
includes the elements that are explicit recited.
For example,:
A sitting assistant comprising:
a seat portion;
a back portion extending from the seat portion; and
three legs protruding downwardly from the seat portion.
That reads on a three legged stool. It also reads on a 4 legged stool, because
a four legged stool has three legs and a spare.
So, where a claim begins a list of components with the word
"comprising" and the components include a controller that does X, a
device that includes at least one controller that dose X (and the other listed
components of the claim) infringes that claim.
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