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SubjectRe: Patent
On Tue, Nov 02, 1999 at 09:45:37PM -0500, Gregory McLean wrote:
> ->
> -> Nevermind the fact that Linux had this code more then a year before the
> -> patent was applied for. :)

> Pior art... Needs to be pointed out to the morons at the USPTOand get the
> patent anulled.

Be careful there! You do NOT want to raise the issue with the PTO!
Under their administrative rules, they can review the patent and only the
patent hold is allowed to present "evidence" and challengers are not
permitted any standing or any position to counter that evidence. If they
"win" the review, which they often do, that fact is then admissible in court.
At least one individual was known to try and get people to challenge him
at the PTO knowing full well that he would lose in open court. After winning
an administrative ruling, he then held the advantage in subsequent court
challenges and had an improve chance of winning at court.

You are generally better off challenging a patent in court FIRST
before any PTO review.

> Gregory McLean | On two occasions I have been asked by members of
> comstar.net inc. |Parliament, 'Pray, Mr. Babbage, if you put into the
> programmer/analyst |machine wrong figures, will the right answers come
> out?'
> 770 485-6016 |I'm not able to rightly apprehend the kind of confusion
> |of ideas that could provoke such a question. -- Babbage
> ----------------This is my opinion, All MINE! I tell you------------------

Mike
--
Michael H. Warfield | (770) 985-6132 | mhw@WittsEnd.com
(The Mad Wizard) | (770) 331-2437 | http://www.wittsend.com/mhw/
NIC whois: MHW9 | An optimist believes we live in the best of all
PGP Key: 0xDF1DD471 | possible worlds. A pessimist is sure of it!


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