Phone sex vido - Invalidating a patent

The company defended itself by proving that more than one year prior to filing its patent application the company filing the suit had submitted a proposal for sale of the invention. Microsoft was sued for patent infringement by i4i, a Canadian company over an XML feature of Microsoft’s Word software.

On that basis, the patent was invalidated and there was no infringement. At trial, Microsoft argued that i4i failed to disclose a prior invention that might have invalidated the application (a principle known as the 'one-year rule').

Meanwhile, the USPTO conducted a reexamination of the i4i patent and confirmed that the claims at issue were properly patentable.

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That means the inventor as well as the law firm representing them.

You should include a cover letter that you saw their application (give details), and that you believe that what you are sending them is prior art, and that now that they have it, they are obligated to report it to the PTO. Probably, anything sent should be sent with some sort of delivery confirmation, and to make sure that the sending of the prior art is of public record, create a Web site where all sent art is listed, along with destination and confirmation information.

) for which you are aware of possible prior art, you may be able to help invalidate it, or at least ensure any resulting patent is narrow enough to be relatively sane. Of course, you have to go find the patent application number, the contact addresses of the filers, and the contact address for the patent examiner to do this ;) But it beats posting a whinge to Slashdot.

An unnamed patent agent comments: ‘I believe an examiner is not under obligation to review art sent directly to them, but certainly the applicant and his agents are required to report any art they come across.

The jury was instructed that the patent could only be invalidated if there was "clear and convincing" evidence of invalidity.

(on petition for certiorari 2010) By Dennis Crouch In 2009, an Eastern District of Texas jury awarded 0 million to i4i after finding that Microsoft willfully infringed the Canadian company’s patent.

This would help show inequitable conduct should the patent later be asserted and the art you provided not be shown as of record in the examination.

Mind you – I have not heard of these being done before (bombarding listed inventors and their agents with prior art, forcing them to have to disclose it), but I think it’s a great idea.

One caution – if you send too much, you over inundate the examiner, and then really good art could get overlooked during examination.

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