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PanIP May Be Standing On Shaky Ground
GoatEnigma writes "You may remember the name PanIP, the company trying to hold e-commerce hostage with their patents. Well, according to this update on the PanIP Defendants site, it might not be as easy as they thought. Apparently a little bit of successful legal opposition has slowed down their nefarious scheme. Tim claims to have found evidence to undermine their patents, although the article is very short on details as to what this evidence might be..."
What usually happens with reexamination is that the patent office works with the party who received the patent, to narrow the scope of the claims. This unfortunately usually doesn't let one off the hook, as the claims can be narrowed, but still be focused on the infringement in question.
The other problem with reexamination is what happens to all the documentation submitted to the PTO to cause the reexamination to happen. If the patent is allowed to stand but the scope of the claims is narrowed, the new documents are added to the list of 'known prior art' in the patent. These documents can no longer be used to try to invalidate the patent once the reexamination process is complete -- as the PTO has in effect 'blessed' those documents, asserting that the patent is valid in spite of them.
So, reexamination is a double edged sword. You may end up with stronger patent, and all of your best ammunition voided.
IANAL, but I have fought a couple of patents. Won one and lost one.
thad
I love Mondays. On a Monday, anything is possible.
His retort is actually suprisingly topical, since IP patents have allowed Monsato to sue farmers for growing corn. Oh, you didn't know that corn was patented?