rigeld2 wrote:
Talizvar wrote:Now
GW runs the risk of running into IP infringement because someone else made the model first.
That's always been the assumption of internet non-lawyers and isn't true. Unless
GW wanted to directly copy CHS' model of course.
"Always been the assumption", "isn't true" there is always further to a complicated case, do not assume huge ignorance on my part just yet.
I may have to add what you said to ridiculous things I heard people say.
IF someone would want to claim an IP infringement, a good start is pointing to your product being out first then the relevant details of the infringement.
Review of the CHS ruling shows many of the considerations.
Full list of transcripts here:
http://ia600405.us.archive.org/18/items/gov.uscourts.ilnd.250791/gov.uscourts.ilnd.250791.docket.html
373 gets into the meat of what could be presented in trial or not up to 377.
Review 403-on for the various settling or aftermath of the case.
They are up to 489 documents all leading up to now still beating out the details of the judgment/"settlement" and the gazillion amendments being proposed.
If you look at the details and reasons for their appeal of the judgment, just having some common dimensions or features like the hotly contested shoulder-pads cast doubt and they point to them as prior works before CHS put out theirs.