At this stage DE Technologies has issued a number of letters of demand requiring a response within 14 days.  That 14 day period is still running.

 

If  DE Technologies doesn’t get satisfactory answers from the “infringers” within that timeframe, it will have to decide whether it wants to file court proceedings.  DE Technologies will be reluctant to file proceedings if it is concerned about the validity of the patent.   

 

However, if DE Technologies does file proceedings, the “infringers” can try to attack the validity of the patent on a number of grounds.

 

Forum members have the chance to help out here.  If the “invention” which is the subject of the patent existed before December 1997, the patent will be invalid.  At this stage I don’t have specific information about the “invention” other than it covers ’cross-border e-commerce processes, which range from currency conversion and electronic invoicing to creating databases of purchase histories’.  Anyone aware of the existence of software dealing with this which existed prior to December 1997? It doesn’t matter if the software is no longer in use.

 

One of my professional colleagues is acting for some of the “infringers”.  He is sending me more detailed information about the patent and the claimed invention.  I’ll post another message to the forum when I get that information – probably tomorrow morning.

 

In the meantime, if you know of any ecommerce solutions that existed before December 1997, please either send a message to the forum by replying to this email (might trigger someone else’s memory) or email me directly (and confidentially if requested) mailto:[EMAIL PROTECTED].

 

 

 

Jane Montgomery

 

Barrister

PO Box 28114

Christchurch

Phone (03) 332 3736

Fax (03) 332 1397

Mobile: 027 293 6127

Email  [EMAIL PROTECTED]

 

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