Hi Scott:

I understand - no sense getting involved until EarthLink has invalidated
most of the claims.

I think this is a key quote:

"Mailblocks' Goldman admits that there were prior publications, but argues
that at least some portions of his patents remain valid. "The patents have
very specific claims in them," Goldman told me. "The claims are different
than the types of things people have been doing before. Maybe here and
there, they're the same so not 100 percent of the claims are valid, but many
of them are."

Translated that means - if key claims are eliminated because of prior art,
then the patent may possibly still 'survive' - but everyone will simply
design their own challenge/response systems to mirror the prior art.  The
only thing to avoid are the truly "new" inventions that are left in the
remaining claims - unless the remaining claims would have been obvious based
on the prior art.


Overall - I'm pretty encouraged by the quality of what has been cited
already:

"By Aug. 28, 1997, when Christopher Alan Cobb filed for his patent that
eventually was purchased by Mailblocks, the challenge-response idea had
become commonplace on the Internet: 

Brad Templeton, chairman of the Electronic Frontier Foundation, had written
his Viking-12 CR utility and was using it. Templeton says he'd be delighted
to testify on behalf of EarthLink to help the company invalidate the
Mailblocks patent. 

Over a year earlier, Brent Chapman's majordomo, the popular mailing list
software, included a CR feature. 

A November 1996 post to Usenet's news.admin.net-abuse.usenet newsgroup talks
about a "random challenge that is very easy for a human to respond to, but
next to impossible for a computer." Another from January 1997 describes an
e-mail "spam block 'bot" that was so effective "I've received hate mail from
spammers concerning it," and a third post describes a commercial product
called the Deadbolt Personal E-mail Filter. 

Best Regards
Andy Schmidt

H&M Systems Software, Inc.
600 East Crescent Avenue, Suite 203
Upper Saddle River, NJ 07458-1846

Phone:  +1 201 934-3414 x20 (Business)
Fax:    +1 201 934-9206

http://www.HM-Software.com/


-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of R. Scott Perry
Sent: Friday, December 05, 2003 04:05 PM
To: [EMAIL PROTECTED]
Subject: RE: [Declude.JunkMail] Spam Lion Functionality



>Patent Number?

6,199,102.  To view it, you can go to 
http://patft.uspto.gov/netahtml/srchnum.htm and enter "6,199,102" there.

For a bit of background, you can go to 
http://www.bayarea.com/mld/mercurynews/business/columnists/tech_test_drive/5
565050.htm 
ms may be much narrower) than the casual reader
>appreciates.  Also, one has to look at the patent file wrapper to 
>determine the outcome of prior art searches to see if subsequent 
>communication with the examiner may have further narrowed the scope.

Good points -- and exactly why it would be expensive to pursue.  Patent law 
isn't simple.

FWIW, a number of people have tried to find prior art, and were 
unable.  Extensive searches?  Probably not.  But a number of anti-spam 
people tried and were unable to.

                                                    -Scott
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