Dave Crocker said, (quoting John Levine):
In any event, I see no benefit to anyone other than perhaps Titankey of
continuing this argument, so like I said, it's over.
and adding:
not 'perhaps'.
at this point, the benefit to the patent holder is to learn of the
arguments
against the patent. that helps their lawyers plan their case.
What case are you referring to?
Issued U.S. patents are presumed to be valid and "The burden of establishing
invalidity of a patent or any claim thereof shall rest on the party
asserting such invalidity." (35 U.S.C. 282).
Many patent holders, when presented with solid, relevent prior art will
decide not to assert their patent.
By telling Peter about prior art, it's possible that:
1. He will save time and money by not suing you.
2. You will save time and money by not getting sued.
3. The rest of use will learn sometime about the arcane and byzantine
art of email protocols.
Philip made the argument:
It also means that they may be able to gather information
with which they might attempt to discredit any of us who
might be called as an actual or expert witness in the case.
Since the most likely persons to be called as a witness are
in this thread I think it a very bad idea to continue the conversation.
One of the requirements for being an expert witness is that you do not have
a financial interest in the outcome of the case. Theoretically, the expert
witness is there to educate the Court, not to advocate one side or the
other.
If it is likely that you will be sued if the patent is upheld, then it
sounds to me like you have a financial interest in the case. (It's too bad,
expert witnesses can get $500/hour!)
A better reason for Peter to discontinue the discussion is that most
engineers seem to be against patents and think people (and small companies)
who have patents are parasites looking for a free ride, and that all he
seems to be getting here is abuse.
I am not associated with Peter or Titankey.
I am not an attorney (patent or otherwise, so this is not legal advice) but
I have some patents of my own and I have faced the same hostility that has
been shown to Peter.
I really hate Spam and I think all email should contain the GPS coordinates
of the User who sent it so a cruise missile can be dispatched to that
location. (Hmmm, maybe I should patent that.)
Jed Margolin
_______________________________________________
Asrg mailing list
Asrg(_at_)ietf(_dot_)org
https://www1.ietf.org/mailman/listinfo/asrg