Ok, I'm a little fuzzy about the patent process. Does this mean a local prof who writes up a little cgi script for students to use is violating these folks' patent?? If so, how did these people manage to get this patent, since there's a ton of "take tests and polls on the internet" software out there already?
----- Original Message ----- From: "The Fool" <[EMAIL PROTECTED]> To: "Brin-L" <[EMAIL PROTECTED]> Sent: Saturday, February 08, 2003 4:19 AM Subject: patents, patents, everywhere > http://neohio.craintech.com/cgi-bin/article.pl?articleId=2416 > > Looking to profit from patent > 4:59 AM Feb. 03, 2003 > By JEFF STACKLIN > Universities do it. So does the government and employment agencies. > > It is online testing, and it has become part of the lives of many people > required by their employer or school to pass an exam. > > As of last week, Test Central Inc. in Cleveland owns the U.S. patent to > conduct testing via the Internet and, in essence, owns the online testing > business. It�s a market that exceeds $10 billion a year, according to a > study the Gartner Inc. technology research and consulting firm performed > for the company in 1999, said Test Central co-founder James F. Koehler. > > However, don�t look for the four-employee company based in the Buckley > Building in Playhouse Square to pursue every university and business that > sells tests over the Internet for �infringing� upon the sweeping patent, > said CEO Jim Posch. Instead, Test Central plans to sell or license the > patent to a large online testing company or consulting firm. > > Whoever buys or licenses the patent then can go after their competitors, > Mr. Posch said. > > �We�re trying to find an organization that will get the most benefit out > of (the patent),� Mr. Posch said. �They would be able to close the door > on their competitors.� > > Although company officials say they have discussed an asking price for > the patent, they would not disclose it publicly. Mr. Posch said the price > and whether it�s an exclusive arrangement remains open for negotiation. > > Test Central was granted the patent, which covers �making a test and > posting the test online�for potential test takers,� last Tuesday, Jan. > 28. (Read about all the patents issued to local companies recently.) > Charles Stack and John Anderson, the founders of the company, applied for > the patent in February 1999. Mr. Stack also founded the Cleveland-based > software company Flashline Inc. > > Attorney John J. Del Col, of the Cleveland law firm Renner, Otto, > Boisselle & Sklar LLP, said the process to get the patent was �routine,� > despite taking nearly four years. Now that Test Central has it, it is up > to the company�s competitors to challenge the patent�s validity. > > �Under U.S. Patent law � any challenger must beat the burden of clear and > convincing evidence to overturn a patent�s validity,� Mr. Del Col said. > > Mr. Koehler, a lawyer who manages the business practice group at > Cleveland law firm Gallagher, Sharp, Fulton & Norman LPA, said patent > litigation is extremely expensive and Test Central �can easily spend $1 > million� defending a single infringement claim. > > �It makes sense to license the patent instead of trying to enforce it,� > Mr. Koehler said. Besides, Test Central last summer changed its focus to > the sale of online testing and survey-taking software from selling tests > over the Internet. > > Even so, Mr. Posch said the company wants to offer its software and use > of its �Test.com� domain name as part of the deal. Along with the patent, > Mr. Posch and his colleagues say they have a tremendous asset. > > Test Central notified 400 potential buyers in December that it was > pursuing and about to receive the patent, Mr. Posch said. Since then, > about 20 companies have responded, he said. He declined to identify the > potential suitors. > > �They really wanted to know how this impacts their businesses and who are > these guys at Test Central,� Mr. Posch said of the companies that > responded to the Test Central�s initial letters. �We�re trying to give > them the impression that we want to work with them.� > > > _______________________________________________ > http://www.mccmedia.com/mailman/listinfo/brin-l > _______________________________________________ http://www.mccmedia.com/mailman/listinfo/brin-l
