Millions from the Mind

The kind of diagrams that are common in what essentially amount to computer software patents regardless of how the claims are worded. At one time the only way to get "software" claims allowed by the PTO was to couch it in terms of hardware but various court decisions have made that subterfuge unnecessary.

How would you determine what the likelihood of TiVo, Inc. licensing from Cooper is? Start by digging out Cooper's patent claims and reading them closely. Next ask yourself if implementing TiVo's system would include all elements of at least 1 of Cooper's claims. The catch? Defining what an element is and/or its equivalent and that requires prior art and Cooper's file wrappers--and, ultimately, is only final via court decision.