Behalf Of Jed Margolin
Many patent holders, when presented with solid, relevent
prior art will decide not to assert their patent.
And many will press on regardless with the most ridiculous claims
imaginable in the sure knowledge that they do not have the slightest
justification.
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.
That is a somewhat difficult situation to achieve. If someone is paying
me $800 an hour it seems reasonable to me to assert that I have a
financial interest. On the other hand that is the same amount that I
would charge for other work and considerably less than I charge for
public speaking.
If I believe that a patent should never have been granted it follows
that I should consider any attempt to demand payment for the right to
exercise the patent claims as unjustified. If I believe that
Expert witnesses do a lot more than just testify in court. Someone who
knows the sources of the prior art can save an attorney days or months
of research.
As it happens the people who would be likely to act as an expert witness
have all stated that CR schemes are not a solution to spam.
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
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