Alright, Lets give this one last go.
Point 1:
"Under the patent statute, one who uses a patented invention without authorization from the patent holder is liable for patent infringement. However, an accused infringer can escape a finding of infringement by invoking the common-law experimental use exception, which permits a de minimis use of a patented invention where the use was motivated by an experimental purpose."
Point 2:
"Recent decisions from the Federal Circuit addressing experimental use have demonstrated that the exception is extremely narrow and unavailable in most practical circumstances."
Point 3: *STRAIGHT FROM THE LAWYERS MOUTH*
"it is clear that under most practical circumstances neither industrial nor academic researchers can successfully invoke the experimental use exception to charges of patent infringement."
Point 4:
"Policy considerations weigh in favor of limiting the patent monopoly to permit use of the patented invention to develop ideas and expand scientific and technological knowledge. However, the appropriate limits on any permissible use are best addressed by detailed legislation, rather than by continued judicial reformulation of the experimental use exception."
Reference:
http://www.finnegan.com/resources/a...spx?news=a92ba957-47b0-4b97-9c78-1a4130257a92
In summary:
You are fucking WRONG
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I award you Keyboard Commando
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