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by pbhjpbhj
2435 days ago
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It sounds like you didn't have very good counsel if the court didn't consider clear prior disclosure as demonstrating invalidity. FWIW in the UK we have expert patent court judges; USA used to have that too, I gather. >I doubt it was non-obvious to one skilled in the art // You have to be careful here, "obvious" doesn't quite mean the same as in daily life. It's so easy to see a neat solution to a problem and go "that's so simple, anyone could have done it". Once you've seen things they often seem simple (ex post facto analysis). I think this is particularly true in some arts where basically every day any ordinary worker invents solutions to problems. |
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The plaintiffs managed to get jurisdiction in their own city (across the country from ours), and the general belief was that the judge granted this because he wanted a change from the drug trials he normally dealt with. This made it very expensive for us, and they definitely had the home court advantage.
I could whine about a lot of other things. For instance the plaintiffs removed every juror candidate who had any college, leaving only locals who I don't think even understood trigonometry. The fact that you're not supposed to be able to patent math, but somehow math on a computer gets through the patent process, etc...
> ex post facto analysis
I'm not sure what definition of "obvious" survives then. I was out of college for less than 2 months, and I wrote the code in a single evening. The "infringing" algorithm was less than 10 lines.