On Wednesday 02 July 2008, Robin Laing wrote: >jonathon wrote: >> On Mon, Jun 30, 2008 at 12:33 PM, Ganesha Bhaskara wrote: >>> Does this put MSFT is a stronger position to enforce its office file >>> format related patents ? >> >> It either will have a no impact, or a negative impact to enforce their >> patents. >> >> The latter will occur if, and only if, the specific patents are listed >> in that document, and labeled as such. The reason it will be >> negative, is because the full bore of FLOSS supporters will examine >> the patent, and locate the prior art that Microsoft "forgot" to >> mention, when they obtained the patent. >> >> At the first lawsuit Microsoft files, that is related to a listed >> patent, the defense will be that the USPTO, as usual, failed to adhere >> to the law, and issued a patent that was both obvious, and based upon >> prior art, showing the court several such examples that were >> published, prior to Microsoft filing their patent. >> >> xan >> >> jonathon > >Have to be careful using this defence if what I have read becomes true. > >I have read that the US patent department wants to change the rules to >who files first gets the patent. This could supersede prior art.
IANAL, but I'd think that would go down in flames in the first case to make SCOTUS. That would be an open season license for all the trolls that plague us now. -- Cheers, Gene "There are four boxes to be used in defense of liberty: soap, ballot, jury, and ammo. Please use in that order." -Ed Howdershelt (Author) As a computer, I find your faith in technology amusing. --------------------------------------------------------------------- To unsubscribe, e-mail: [EMAIL PROTECTED] For additional commands, e-mail: [EMAIL PROTECTED]
